Court : Karnataka
Decided on : Mar-16-2023
..... her mbbs. the learned counsel would submit that in terms of section 4(1)(b) and 4(1a) of the citizenship act, 1955 ( the act for short) the petitioner is deemed to be declared to be indian as the birth of the petitioner was registered in the indian consulate at ..... in such form and in such manner, as may be prescribed, (i) within one year of its occurrence or the commencement of the citizenship (amendment) act, 2003, whichever is later; or (ii) with the permission of the central government, after the expiry of the said period: provided also that no such ..... to india in the year 2003 she was a minor and the mother was a single parent. she was unaware of consequences of either the citizenship act of the country or nuances of the passport. he would admit that she did participate in the cet2015as an indian, secures a seat and completes ..... the respondent nos.1 and 3 will be at liberty to initiate proceedings against the petitioner in accordance with law. sd/- judge bkp ct:mj .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-16-2023
..... date, the position as adopted in this judgment will govern even pending applications under section 11(6) of the act. (xi) where district judges had been designated by the chief justice of the high court under section 11(6) of the act, the appointment orders thus far made by them will be treated as valid; but applications if any pending ..... the supreme court. (viii) there can be no appeal against an order of the chief justice of india or a judge of the supreme court designated by him while entertaining an application under section 11(6) of the act. (ix) in a case where an arbitral tribunal has been constituted by the parties without having recourse to section 11 ..... appointing the arbitrator could only be that of the chief justice or the designated judge. (v) designation of a district judge as the authority under section 11(6) of the act by the chief justice of the high court is not warranted on the scheme of the act. 13 (vi) once the matter reaches the arbitral tribunal or the sole arbitrator .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-16-2023
..... date, the position as adopted in this judgment will govern even pending applications under section 11(6) of the act. (xi) where district judges had been designated by the chief justice of the high court under section 11(6) of the act, the appointment orders thus far made by them will be treated as valid; but applications if any pending ..... the supreme court. (viii) there can be no appeal against an order of the chief justice of india or a judge of the supreme court designated by him while entertaining an application under section 11(6) of the act. (ix) in a case where an arbitral tribunal has been constituted by the parties without having recourse to section 11 ..... appointing the arbitrator could only be that of the chief justice or the designated judge. (v) designation of a district judge as the authority under section 11(6) of the act by the chief justice of the high court is not warranted on the scheme of the act. 13 (vi) once the matter reaches the arbitral tribunal or the sole arbitrator .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-21-2023
..... existence of the requisite intention or knowledge be proved, seeing that these are the internal and invisible act of the mind ?.. they can be ascertained only from external and visible acts. observation and experience enable the court to judge the connections between men s conduct and their intention s. we know that, a sane man does ..... 337 and 304 of ipc read with section 134(a) 5 and (b) of the motor vehicles act. the learned public prosecutor filed objections to the said application.7. the learned i additional district and sessions judge, chikmagalur vide order dated 23.09.2014, rejected the said application and farmed the charges against the accused ..... not usually commit certain act heedlessly or intentionally and generally, we have no difficulty in inferring from his .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-23-2023
..... in hand is not adjudication of an industrial dispute under section 10(1)(c) or (d) read with section 11-a of the act. however, if the labour court finds that the domestic inquiry held against the appellant is suffering from one of the incurable defects as illustrated by this court in mysore steel works (p) ltd. ..... that the high court travelled outside its jurisdiction in embarking upon a reappraisal of the evidence. the prescribed authority as well as the learned second additional district judge concurrently found that madan lal was sitting in the shop on behalf of the appellant and deputising for him in carrying on the vegetable selling business. the ..... the judgment in the case of john d souza vs. karnataka state road transport corporation11 more particularly para 33, which is reproduced hereunder for easy reference:33. the three-judge bench decisions of this court in punjab national bank [punjab national bank ltd. v. workmen, (1960) 1 scr806: air1960sc160 and mysore steel works (p) ltd. [ .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-27-2023
..... no.2603 of 2017 and the present appellant, arraigning them as respondents no.1 and 2 respectively, in the court of the member, motor accident claims tribunal, and xvi additional judge, court of small causes, bangalore, (hereinafter for brevity referred to as the tribunal ).2. the present respondents no.1 to 3, who were the claimants before the tribunal in the ..... the driver of the maxi cab for the offences punishable under section 304-a of the indian penal code, 1860 and section 134(a) and (b) of the m.v. act, by that itself it cannot be concluded that the absolute negligence was solely on the part of the driver of the maxi cab only. it is also for the reason ..... r-1 to r-3; r-4 - notice dispensed with vide order dt.17-10-2017) **** this miscellaneous first appeal is filed under section 173(1) of the motor vehicles act, 1988, praying to call for the records and modify the judgment and award dated 27-01-2017, passed by the motor vehicles accident claims tribunal, bangalore city, scch-14 in .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Mar-28-2023
..... delivered/pronounced the following: judgment the state has challenged the judgment dated 31.08.2019 passed in criminal appeal no.184/2013 by the learned i additional district and sessions judge, u.k. karwar sitting at sirsi itinerary at yellapur (for short, the appellate court ) acquitting the accused no.1/respondent of the offences punishable under sections 341 ..... ipc. he has to be convicted under sections 324 and 326 of ipc. as we notice accused no.1 is aged 24 years, provisions of probation of offenders act, 1958 is not applicable as the higher punishment prescribed for the offence under section 326 of ipc. in the background of incidence and considering all the circumstances, ..... and 6 are interested witnesses is not proper, as there was no earlier quarrel between them nor there was civil suit pending between the parties. merely because the acts of accused in construction of soak pit being stopped, they have no licence to inflict injuries on p.w.1 and 3. hence, the evidence is sufficient, .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-12-2023
..... as well as interest thereon to the third party subject to limitation prescribed in the insurance policy. but under the employee s compensation act, there is no stipulation compulsorily covering the risk of the employees. therefore, it is option on part of the employer to enter into ..... may be specified by the central government by notification in the official gazette, on the amount due; and20. therefore, under employee s compensation act, 1923, it is obligation on the part of the insured/employer to pay the quantum of amount determined, interest and penalty thereon. but ..... is pure contract of insurance and not statutorily compulsory coverage insurance.18. in the case of issuance of insurance policy under the motor vehicles act, is different which is mandatorily to be purchased by the owner covering the risk, atleast so far as third party is concerned. ..... order passed by this court forthwith without any delay. iv. no order as to costs. sd/- judge jj para 1 to 19/ka para 20 to 26/bnv ct: abs .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-12-2023
..... as well as interest thereon to the third party subject to limitation prescribed in the insurance policy. but under the employee s compensation act, there is no stipulation compulsorily covering the risk of the employees. therefore, it is option on part of the employer to enter into ..... may be specified by the central government by notification in the official gazette, on the amount due; and20. therefore, under employee s compensation act, 1923, it is obligation on the part of the insured/employer to pay the quantum of amount determined, interest and penalty thereon. but ..... is pure contract of insurance and not statutorily compulsory coverage insurance.18. in the case of issuance of insurance policy under the motor vehicles act, is different which is mandatorily to be purchased by the owner covering the risk, atleast so far as third party is concerned. ..... order passed by this court forthwith without any delay. iv. no order as to costs. sd/- judge jj para 1 to 19/ka para 20 to 26/bnv ct: abs .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Apr-18-2023
..... or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this code by or before such court or officer, such court may issue a summons, or such officer a written order, to the ..... allow this criminal petition and thereby quash the order dated0712.2018 passed in private complaint no.7/2017 (old private complaint no.623/2011) by the i additional senior civil judge & cjm, vijayapura in allowing the application filed under section91of cr.p.c. filed by the respondent no.2 herein & thereby, directing the petitioners & others to produce the ..... personally to produce the same. (3) nothing in this section shall be deemed- (a) to affect sections 123 and 124 of the indian evidence act, 1872 (1 of 1872 ), or the bankers' books evidence act, 1891 (13 of 1891 ) or (b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the .....
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