Court : Karnataka Dharwad
Decided on : Sep-11-2023
- 1 - NC:2023. KHC-D:10378 CRL.P No.100167 of 2023 R IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE11H DAY OF SEPTEMBER, 2023 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION No.100167 OF2023BETWEEN:1. SANDEEP BHATT S/O VINAYCHANDRA, AGE. 51 YEARS, OCC. VICE PRESIDENT (HR), HARIHAR POLYFIBERS, R/O. HARIHAR POLYFIBERS, AT POST. KUMARAPATTANAM, TQ. RANEBENNUR, DIST. HAVERI-581115.2. SANTOSH SHETTY S/O K.S. SHETTY, AGE. 52 YEARS, OCC. AGM (ER), HARIHAR POLYFIBERS, R/O. HARIHAR POLYFIBERS, AT POST. KUMARAPATTANAM, TQ. RANEBENNUR, DIST. HAVERI-581115.3. SHAM SUNDAR @ SHAYMSUNDAR KULKARNI S/O NARAYAN RAO, AGE. 44 YEARS, OCC. DGM, HARIHAR POLYFIBERS, R/O HARIHAR POLYFIBERS, AT POST. KUMARAPATTANAM, TQ. RANEBENNUR, DIST. HAVERI-581115. PETITIONER (BY SRI. PRAMOD KHATAVI, SR. COUNSEL FOR SRI. P.P. HITTALAMANI, ADVOCATE) - 2 - NC:2023. KHC-D:10378 CRL.P No.100167 of 2023 AND:1. THE STATE OF KARNATAKA, THROUGH KUMARAPATTANAM POLICE STATION, R/BY ITS STATE PUBLIC PROSE...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-12-2023
..... was being previously used or for alteration in the mode of use of such land. (2) on receipt of such application, the collector may, after making such inquiry as may be prescribed and after giving the applicant or the persons interested in such land or affected in any way an opportunity of being heard, by order in ..... .1458 of 2017 with can no.6596 of 2017 which has been dismissed vide the impugned judgment dated 04.10.2018. agreeing with the findings recorded by the single judge, the division bench has held that the provisions of the west bengal minor minerals concession rules, 20167 will not be applicable as the respondent no.1 - m/s ..... alleviate the procedural delay, which in turn would check slowdown which adversely affected the growth of mining sector. c.a. no.8238 of 2022 page 25 of 3719. the amendment act, 2015, as is evident from the objects, aims at: (i) eliminating discretion; (ii) improving transparency in the allocation of mineral resources; (iii) simplifying procedures; (iv) .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-13-2023
..... have discharged his burden. the evidence so placed may not be sufficient to' discharge the burden under section 105 of the evidence act, but it may raise a reasonable doubt in the mind of a judge as regards one or other of the necessary ingredients of the 11 offence itself. it may, for instance, raise a reasonable ..... such circumstances did not exist, by placing material before the court sufficient to make it consider the existence of the said circumstances so probable that a prudent man would act upon them. the accused has to satisfy the standard of a "prudent man". if the material placed before the court. such as, oral and documentary evidence, ..... circumstances bringing the case within the said exception lies on the accused; and the court shall presume the absence of such circumstances. under section 105 of the evidence act, read with the definition of "shall presume" in section 4 thereof, the court shall regard the absence of such circumstances as proved unless, after considering the matters .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-13-2023
..... property in his favour as per assignment deed dated 28.01.2002. first plaintiff opposed the said application and denied execution of any assignment deed. the leaned trial judge vide order dated 07.03.2006 has allowed the application on the ground that second plaintiff would assist the court in effective disposal of the case.31. in ..... plaintiff, such suit should not be entertained; the suit property cannot be alienated without the permission of the charity commissioner under section 36 of the bombay public trust act, 1950; courts have parens patriae jurisdiction in respect of religious and charitable trusts and must protect the interest of the charitable trust. the property was meant for ..... in para-5 of written statement of first defendant?.3) whether the suit is liable to be dismissed as barred under the provisions of the karnataka land reforms act, 1961?.4) whether the assignment as contended is proved by plaintiff no.2?.8. on behalf of plaintiff, three witnesses were examined as p.w.1 to .....
Tag this Judgment!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 : Supreme Court of India
Decided on : Sep-21-2023
..... all fours in respect of a transaction as between the debtor and secured creditor under the provisions of the sarfaesi act. xxx xxx xxx 115. even if viewed from another angle, the claim of the appellants is not sustainable. the two-judge bench of this court in mathew varghese [mathew varghese v. m. amritha kumar, (2014) 5 scc610: ( ..... by the petitioner. as opposed to s.karthik (supra) which was rendered by a three-judge bench, shakeena (supra) was delivered by a two-judge bench of the supreme court. that was a case which dealt with section 13(8) of the sarfaesi act prior to amendment. in this case, the appellants failed to exercise their right of redemption ..... dicta. furthermore because s. karthik (supra) is a subsequent decision of a three-judge bench, thus, shakeena (supra) cannot be relied upon. (paras 42-43) c. it placed reliance on section 37 of sarfaesi act which clarifies that the provisions of the sarfaesi act or the rules made thereunder shall page 80 of 111 be in addition to and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-21-2023
..... breach of contract, the means which existed of remedying the inconvenience caused by the non-performance of the contract must be taken into account. 11 for short, contract act. c.a. no.1968 of 2012 page 17 of 50 mode nor how and in what manner computation of damages for compensation has to be made. as computation depends upon attendant facts ..... 2012 page 26 of 50 damages takes the head office and profit percentage as a proportion of the contract value. the formula assumes that the profit judged by the builder/contractor is in fact capable of being earned by her/him elsewhere had the builder/contractor been free to leave the contract at the proper time. ..... and interpret the agreement. the judgment should be accepted as final and binding. 33 (2012) 5 scc306 c.a. no.1968 of 2012 page 43 of 5041. subsequently, in ongc ltd. v. western geco international ltd.,34 a three judge bench of this court observed that the court, in saw pipes ltd., did not examine what would constitute fundamental policy of .....
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