Court : Supreme Court of India
Decided on : Feb-21-2023
..... purposes of the order of specific performance or to give effect to the reliefs sought in terms of prayer (b) above. (d) that for the purposes aforesaid all inquiries be made, awards be made, orders be passed, directions be given and accounts be taken as this hon'ble court may deem just and proper in the facts and ..... 28.03.2019) which were not agreed upon by the parties, since the decree was drawn on by consent of both parties at admissions stage itself. both the single judge and division bench of the high court have interpreted the appellants silence (manifest in their not filing any written statement) as acquiescence to the inclusion of the loan amount ..... stands disposed. notice of motion accordingly also stands disposed.4. refund of court fees, if any, in accordance with rules.5. drawn up decree dispensed with.6. all to act on authenticated copy of this order. (k.r. shriram, j.)5. after the suit was thus decreed, the counsels of the parties engaged in further correspondence, without much .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-21-2023
..... and 26875/2019, both titled atlanta limited vs. m/s shakti buildcon & anr. , pending on the files of the learned 22nd jt. civil judge, senior division, nagpur; and the learned 20th civil judge, senior division, nagpur, respectively, are transferred to the south west district courts, dwarka, new delhi, to be tried along with complaint case nos ..... .25668/2019 and 26875/2019, both titled atlanta limited vs. m/s shakti buildcon & anr. , pending before the learned 22nd jt. civil judge, senior division, nagpur, and the learned 20th civil judge, senior division, nagpur, respectively, to the south west district courts, dwarka, new delhi, to be 1 tried along with complaint case nos. 42489 ..... drawee bank would alone constitute commission of the offence under section 138 of the act of 1881 and would indicate the place where the offence is committed. it was, therefore, held that the place, situs or venue of judicial inquiry and trial of the offence must logically be restricted to where the drawee bank is .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-21-2023
..... have been appointed as commissioners for employee compensation, that is to say, apart from the judicial work to be discharged by the aforesaid judges they would also act as commissioner/s for employees compensation. while doing so the powers and procedure prescribed under the eca would have to be exercised by such commissioners of employees compensation.17. needless ..... . ii. a certiorari is issued, the proceedings initiated in execution no.2098/2017 are hereby quashed. iii. the concerned judge dealing with the execution no.2098/2017 is directed to issue necessary recovery certificate in terms of section 31 of the employees compensation act, 1923. iv. the registrar (general) after obtaining approval from the hon ble chief justice, high court of - 15 .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Feb-22-2023
..... r2, sri.s.s.koliwad, adv. for r3) this mfa is filed u/s.173(1) of motor vehicles act, 1988, against the judgment and award dated0202.2019 passed in mvc no.28/2015 on the file of the senior civil judge and additional motor accident claims tribunal, hirekerur, awarding compensation of rs.15,47,000/- with interest at7% p.a ..... insurance has to be interpreted in stricto senso and there cannot be any implied interpretation applied to a contract of insurance.33. in the said judgment, the learned judge of high court of judicature at madras considered the proposal of owner of vehicle, its acceptance by insurer and liability of both the parties and discussed them in detail ..... there is, thus, nothing further for us to deliberate upon. (b) 7oriental insurance company limited vs porselvi and another in paragraph no.5, it was observed that: a three judge bench of this court in new india assurance co. ltd. vs. sita bai (smt.) and ors. [(1999) 7 scc575 inter alia observed as follows :"6. the correctness and .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Feb-22-2023
..... r2, sri.s.s.koliwad, adv. for r3) this mfa is filed u/s.173(1) of motor vehicles act, 1988, against the judgment and award dated0202.2019 passed in mvc no.28/2015 on the file of the senior civil judge and additional motor accident claims tribunal, hirekerur, awarding compensation of rs.15,47,000/- with interest at7% p.a ..... insurance has to be interpreted in stricto senso and there cannot be any implied interpretation applied to a contract of insurance.33. in the said judgment, the learned judge of high court of judicature at madras considered the proposal of owner of vehicle, its acceptance by insurer and liability of both the parties and discussed them in detail ..... there is, thus, nothing further for us to deliberate upon. (b) 7oriental insurance company limited vs porselvi and another in paragraph no.5, it was observed that: a three judge bench of this court in new india assurance co. ltd. vs. sita bai (smt.) and ors. [(1999) 7 scc575 inter alia observed as follows :"6. the correctness and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-23-2023
..... means a complaint, made in such form as may be prescribed, alleging that a public servant has committed an offence punishable under the prevention of corruption act,1988; (l) preliminary inquiry means an inquiry conducted under this act; (n) public servant means a person referred to in clauses (a) to (h) of sub section (1) of section 14 but does not ..... not legally 7 justified. the officer of the department has made a complaint on 9th december, 2020 and other officer is called upon to conduct a preliminary inquiry as stated that one cannot be a judge in its own cause and that being the reason, the division bench of the high court has permitted the lokayukta to conduct an ..... concept of natural justice, indeed, has undergone a change with the passage of time, but still the time tested rules, namely, are (i) no one shall be a judge in his own case (nemo debet essse judex propria causa) and (ii) no decision shall be 16 given against a party without affording him a reasonable opportunity of hearing .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-23-2023
..... as unwarranted or illegal at this stage. that being the position, convening of meeting dated 11.07.2022 could not have been taken as an act unauthorised. the learned single judge while passing the order dated 17.08.2022 seems to have fallen in serious error and said order was clearly suffering from perversity when convening of ..... would undergo irreparable hardship because there was no possibility of the appellant and the respondent no.1 ops and eps acting jointly to convene the meeting. the division bench pointed out that the directions of the learned single judge would only further the functional deadlock already existing in the party. 26.3. we are not elaborating on all ..... the meeting dated 11.07.2022 was taken as an act unauthorised. the division bench of the high court, in our view, has rightly looked at the .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-28-2023
..... the police, after investigation, file a charge sheet in the matter and the case is now registered as s.c.no.664 of 2022 and pending before the learned sessions judge. filing of charge sheet by the police after investigation thereto is what drives the petitioner to this court in the subject petition.3. heard sri chetan desai, learned counsel ..... [2019 (1) khc403, the apex court held that if the accused had not made a promise with the sole intention to seduce the prosecutrix to indulge in sexual act, such an act would not amount to rape. in state of uttar pradesh v. naushad [(2013) 16 scc651 again the hon'ble supreme court held that the consent of the victim ..... promise and not fulfilling a false 29 promise. if the accused has not made the promise with the sole intention to seduce the prosecutrix to indulge in sexual acts, such an act would not amount to rape. there may be a case where the prosecutrix agrees to have sexual intercourse on account of her love and passion for the accused .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-28-2023
..... following: order [i]. the appeal filed by appellant (claimant) stands allowed in part; [ii]. the impugned judgment and award dated 05-07-2019, passed by the i additional district judge and motor accident claims - 18 - mfa no.554 of 2020 tribunal-ii, mangaluru (d.k.), in m.v.c.no.1224/2017 stands set aside; [iii]. the matter ..... , this day, the court delivered the following: judgment the present appellant was the claimant in m.v.c.no.1224/2017, before the i additional district judge and motor accident claims tribunal-ii, mangaluru (d.k.), (hereinafter for brevity referred to as "the tribunal") whose claim petition under section 166 of the motor vehicles ..... mfa no.554 of 2020 **** this miscellaneous first appeal is filed under section1731) of the motor vehicles act, 1988, praying to modify/set aside the judgment and award dated0507-2019 in m.v.c.no.1224/2017, passed by the i additional district judge and mact-ii, mangaluru, (dk) and claim petition be allowed as prayed for by allowing this .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-02-2023
..... the legislative or administrative fields almost inevitably voters, legislators and other elected officials will conclude that the activities of judges should be closely monitored. if judges act like legislators or administrators it follows that judges should be elected like legislators or selected and trained like administrators. this would be counterproductive. the touchstone of an ..... ) (not more opposition service or years, incapacity than2) in the lok civil whichever sabha service is (after sc s (section 3 with earlier. inquiry constituti experienc that such on of minister e in - shall officer central of matters be shall be vigilance home related to ineligible removable commission) affairs vigilance ..... the second chief election commissioner, again a civil servant, the first law secretary and who also chaired the indian law commission for the period from 1968 to 1971, was appointed as chief election commissioner on 20.12.1958 and his term terminated on 30.09.1967. it is noteworthy that his .....
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