Court : Karnataka
Decided on : May-22-2023
..... lessee of the registered holder. the lease is called mulgeni and the registered holder s right muli. a mulgenidar has a perpetual lease and is not removable by the 6 1968 (2) mys.lj439- 17 - wp no.11158/2013 c/w w.p.nos.43928/2012, 11966/2013 23287/2013, 62434/2016 registered holder so long as he pays rent ..... purpose. whether the law of acquisition is for public purpose, or not is a justiciable issue. but the decision in that regard is not to be given by any detailed inquiry or investigation of facts. the intention of the legislature has to be gathered mainly from the statement of objects and reasons of the ..... give effect to all other directive principles contained in part iv is being examined by a bench of nine judges in property owners association vs. state of maharashtra30. thirdly, as already discussed above, no assent of the president is secured to the impugned act in terms of proviso to article 31c. fourthly, sanjeev coke, supra, having adverted to minerva mills, extends protection .....
Tag this Judgment!Court : Karnataka
Decided on : May-22-2023
..... lessee of the registered holder. the lease is called mulgeni and the registered holder s right muli. a mulgenidar has a perpetual lease and is not removable by the 6 1968 (2) mys.lj439- 17 - wp no.11158/2013 c/w w.p.nos.43928/2012, 11966/2013 23287/2013, 62434/2016 registered holder so long as he pays rent ..... purpose. whether the law of acquisition is for public purpose, or not is a justiciable issue. but the decision in that regard is not to be given by any detailed inquiry or investigation of facts. the intention of the legislature has to be gathered mainly from the statement of objects and reasons of the ..... give effect to all other directive principles contained in part iv is being examined by a bench of nine judges in property owners association vs. state of maharashtra30. thirdly, as already discussed above, no assent of the president is secured to the impugned act in terms of proviso to article 31c. fourthly, sanjeev coke, supra, having adverted to minerva mills, extends protection .....
Tag this Judgment!Court : Karnataka
Decided on : May-24-2023
..... or not is required to be considered. however, thereafter when the statements are recorded, evidence is collected and the charge-sheet is filed after conclusion of the investigation/inquiry the matter stands on different footing and the court is required to consider the material/evidence collected during the investigation. even at this stage also, as observed and ..... the alleged offences u/s448504,324,323,506 r/w34of ipc and of respondent k.r pete town police which is on the file of the hon'ble civil judge and jmfc, k.r pete, mandya by allowing the above memorandum of crl.p filed u/s482of code of criminal procedure, 1973. this petition, coming on for ..... (cri) 188]. .7. relying upon the aforementioned judgments of this court, mr m.n. rao, learned senior counsel appearing for the appellant submitted that the high court acted in excess of its jurisdiction in setting aside the order of the trial court by which process for summoning the accused was issued. he further submitted that the evaluation of .....
Tag this Judgment!Court : Karnataka
Decided on : May-30-2023
..... state public prosecutor while justifying the impugned judgment of conviction and order of sentence, contended that though some of the witnesses turned hostile, learned sessions judge convicted accused based on circumstantial evidence, last seen theory and recovery of material objects from the possession of accused. he further contended that official witnesses ..... intimidation as contemplated under section 503 of ipc. 7660. it is relevant to state at this stage the provisions of transplantation of human organs and tissues act ('thota' for short) regulates the removal, storage, transplantation of human organs and tissues for therapeutic purpose for preventing commercial dealings in human organs and ..... be convicted based on the recovery made at his instance and based on his voluntary statement, in view of section 27 of the indian evidence act, as panch witnesses failed to support case of prosecution and no independent witnesses have supported case of prosecution.31. it is well settled that court .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : May-30-2023
..... a force in the contention of the complainant s counsel and also the state counsel that in spite of voluminous evidence available before the court, the trial judge has committed an error in not appreciating the material in the right perspective. no damage is caused to the motorcycle in which appellant no.1 and deceased travelled ..... age of the appellant. it the appellant is young or old, he shall not be sentenced to death. (3) the probability that the appellant would not commit criminal acts of violence as would constitute a continuing threat to society. (4) the probability that the appellant can be reformed and rehabilitated. the state shall by evidence prove that ..... . (5) that in the facts and circumstances of the case the appellant believed that he was morally justified in committing the offence. (6) that the appellant acted under the duress or domination of another person. (7) that the condition of the appellant showed that he was mentally defective and that the said defect unpaired his .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : May-30-2023
..... a force in the contention of the complainant s counsel and also the state counsel that in spite of voluminous evidence available before the court, the trial judge has committed an error in not appreciating the material in the right perspective. no damage is caused to the motorcycle in which appellant no.1 and deceased travelled ..... age of the appellant. it the appellant is young or old, he shall not be sentenced to death. (3) the probability that the appellant would not commit criminal acts of violence as would constitute a continuing threat to society. (4) the probability that the appellant can be reformed and rehabilitated. the state shall by evidence prove that ..... . (5) that in the facts and circumstances of the case the appellant believed that he was morally justified in committing the offence. (6) that the appellant acted under the duress or domination of another person. (7) that the condition of the appellant showed that he was mentally defective and that the said defect unpaired his .....
Tag this Judgment!Court : Karnataka
Decided on : May-30-2023
..... of the chief justice. there is no territorial bifurcation of the high court merely because the chief justice directs under sub-section (3) of section 51 of the act that the judges and division courts shall also sit at such other places as he may with the approval of the governor, appoint. it must accordingly be held that there was ..... of the chief justice. there is no territorial bifurcation of the high court merely because the chief justice directs under sub-section (3) of section 51 of the act that the judges and division courts shall also sit at such other places as he may, with the approval of the governor, appoint. it must accordingly be held that there was ..... court at nagpur, and it reads:126. 41. permanent bench of bombay high court at nagpur. without prejudice to the provisions of section 51 of the states reorganisation act, 1956, such judges of the high court at bombay, being not less than three in number, as the chief justice may from time to time nominate, shall sit at nagpur in .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-02-2023
..... following: judgment this second appeal is filed challenging judgment and decree dated 29.09.2006 passed in r.a.no.213/2004 on the file of the ii additional district judge, tumakuru and confirm the judgment and decree dated 13.10.1997 passed in o.s.no.9/1993 on the file of the munsiff and j.m.f.c., koratagere ..... this rsa is filed u/s. 100 of cpc against the judgement & decree dated2909.2006 passed in r.a.no.213/2004 on the file of the ii addl. district judge, tumakuru, dismissing the appeal and confirming the judgement and decree dated1310.1997 passed in os.no.9/1993 on the file of the munsiff & jmfc, koratagere. this appeal coming on ..... was in fact justified by legal necessity or was for the benefit of the joint estate or he had made reasonable and bonafide inquiry as to the existence of the necessity and satisfied himself that the manager was acting for the benefit of the estate. the learned counsel referring this judgment would vehemently contend that the appellants herein have not made any .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-02-2023
..... and minor partner with a particular share in the firm. the firm owing to certain omissions and commissions on the part of the petitioner initiates inquiry by issuance of a charge sheet on 10-05-2022. calling upon the said proceedings, the petitioner files a commercial arbitration application in com. ..... for the aforesaid reasons, the following: order (i) writ petition is allowed. (ii) it is declared that the concerned lxxxv additional city civil and sessions judge, commercial court, bengaluru 36 has no jurisdiction to consider and adjudicate ma no.1/2023 and therefore, the proceedings stand obliterated. (iii) the obliteration of ..... block, koramangala bengaluru 560 034. ... petitioner (by sri nishanth a.v., advocate) and:1. . elior india food services llp incorporated under the limited liability partnership act, 2008 having its office at:001. campus3, ecospace, outer ring road, bellanduru bengaluru 560 103 representedby its designate partner/ authorized signatory mr.rohit sawhney. ... respondent .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-02-2023
..... scc1:2022. scc online sc929 , this court observed that the length of punishment is not only the indicator of the gravity of offence and it is to be judged by a totality of factors, especially keeping in mind the background in which the offence came to be recognised by the legislature in the specific international context. in this ..... the apex court has time and again considered this aspect i.e., importance of reporting of offences, particularly by doctors and the seriousness attached to such reporting. a three judge bench of the apex court in the case of x .. v. principal secretary, health and family welfare department1 has held as follows: 82. furthermore, section 19(1 ..... or otherwise of an offence of failure to discharge the legal obligation under section 19, punishable under section 21 of the pocso act. 22 we are fortified in our view, by the decisions of a three-judge bench of this court in vijay madanlal choudhary v. union of india [vijay madanlal choudhary v. union of india, (2023) .....
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