Array
(
    [0] =>  ..... of cr.p.c praying to set aside the judgment dated1411.2018 s.c.no.1322/2014 on the file of the lvi-addl. city civil & sessions judge, bengaluru city convicting the appellant for the offence punishable under sec. 302 of ipc and acquit the appellant from the crime and the appellant may be set ..... but the intention, knowledge, motive, whenever there is knowledge, proof of intention is unnecessary. if such proof is available, it may be useful for explaining an act which may be otherwise inexplicable. but it is not necessary to establish the crime, though its existence would naturally aggravate it. indeed, the presence of intention would ..... no constructive but an actual intention is required. intention and knowledge are the internal and invisible acts of the mind, and their actual existence cannot be demonstrated except by their external and visible manifestations. observation and experience enabled to judge the connection between men s conduct and their intention. the fact that such knowledge is  ..... 
    [1] =>  .....  for our consideration is, i. whether the impugned judgment challenged herein suffers from any perversity or illegality warranting interference by this court?. ii. whether the learned sessions judge is justified in convicting the accused for the offences punishable under sections 448, 323, 341 and 302 of ipc?.11. this court being the appellate court, is  .....  if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner. a careful reading of the aforesaid provisions makes it clear that to invoke the said provision, four requisites must be satisfied  ..... under exception 4 to section 300 ipc. since the appellants inflicted injuries on the neck and scalp of sabbir shah with the intention of causing death and the act of the accused- appellants is punishable under section 304 part i ipc.20. the hon ble supreme court, while considering the provision of section 302 read  ..... 
    [2] =>  .....  (by sri.p.prasanna kumar, spl. pp) this criminal appeal is filed under section214) of national investigation agency act, 2008, praying to set crl.a.no.1527/2022 2 aside the order of xlix additional city civil and sessions judge, special court for trail of nia cases (cch-50) bengaluru dated0807.2022 in crl.misc.no.6090/2022 and  ..... judgment challenging the order of dismissal of his bail petition, accused no.16 in spl.c.c.no.320/2020 on the file of 69th addl. city civil and sessions judge (spl. court for trial of nia cases), bengaluru has preferred this appeal.2. the brief facts of the case are as follows: on 10.01.2020, shri niranjan  ..... examination by an authorised or notified forensic authority that such currency imitates or compromises with the key security features as specified in the third schedule. (2) the terrorist act includes an act which constitutes an offence within the scope of, and as defined in any of the treaties specified in the second schedule.19. in the above section the term ..... 
    [3] =>  .....  of the regulations that we are concerned with and held : the sum and substance of these regulations is that even though a departmental inquiry instituted against an officer employee before his retirement can continue even after his retirement, none of the substantive penalties specified in regulation 4 of ..... be forfeited wholly or partially.46. xxx 47. thus considering the provisions of rules 34.2 and 34.3 of the cda rules, the inquiry can be continued given the deeming fiction in the same manner as if the employee had continued in service - 12 - wp no.109981  ..... .109981 of 2015 proceedings at annexure r3. it is seen from annexure r3 that one sri.k.krishnamurthy, senior branch manager was permitted to act as petitioner s defence assistant in the enquiry. during the course of enquiry, the petitioner had admitted that the list of witnesses and documents  .....  found in the present case. the writ petition lacks merit and accordingly the same is dismissed. sd/- judge rsh/ct:bck list no.:1. sl no.: ..... 
    [4] =>  .....  officer, ftc & mact, mysuru and the judgment and award dated 23.09.2011 passed in m.v.c.no.91/2008 on the file of the prl. district judge and mact, chikmagaluru, are hereby modified holding that the owner of the offending vehicles i.e., tata sumo and motorcycle respectively are liable to pay compensation to the claimants  ..... is filed by the insurance company challenging the judgment and award dated 23.09.2011 passed in m.v.c.no.91/2008 on the file of the prl. district judge and mact, chikmagaluru (hereinafter referred to as the tribunal for brevity) fastening the liability on the insurance company to pay the compensation. mfa no.5338/2010 is filed .....  chikmagalur taluk respondents (by sri. n r ravikumar .,advocate for r2; r1 served) this mfa is filed u/s1731) of mv act against the judgment and award dated239.2011 passed in mvc no.91/2008 on the file of principal district judge & mmact, chikmagalur, awarding a compensation of rs.34,000/- with interest @ 6% p.a. from the date of petition ..... 
    [5] =>  .....  officer, ftc & mact, mysuru and the judgment and award dated 23.09.2011 passed in m.v.c.no.91/2008 on the file of the prl. district judge and mact, chikmagaluru, are hereby modified holding that the owner of the offending vehicles i.e., tata sumo and motorcycle respectively are liable to pay compensation to the claimants  ..... is filed by the insurance company challenging the judgment and award dated 23.09.2011 passed in m.v.c.no.91/2008 on the file of the prl. district judge and mact, chikmagaluru (hereinafter referred to as the tribunal for brevity) fastening the liability on the insurance company to pay the compensation. mfa no.5338/2010 is filed .....  chikmagalur taluk respondents (by sri. n r ravikumar .,advocate for r2; r1 served) this mfa is filed u/s1731) of mv act against the judgment and award dated239.2011 passed in mvc no.91/2008 on the file of principal district judge & mmact, chikmagalur, awarding a compensation of rs.34,000/- with interest @ 6% p.a. from the date of petition ..... 
    [6] =>  .....  officer, ftc & mact, mysuru and the judgment and award dated 23.09.2011 passed in m.v.c.no.91/2008 on the file of the prl. district judge and mact, chikmagaluru, are hereby modified holding that the owner of the offending vehicles i.e., tata sumo and motorcycle respectively are liable to pay compensation to the claimants  ..... is filed by the insurance company challenging the judgment and award dated 23.09.2011 passed in m.v.c.no.91/2008 on the file of the prl. district judge and mact, chikmagaluru (hereinafter referred to as the tribunal for brevity) fastening the liability on the insurance company to pay the compensation. mfa no.5338/2010 is filed .....  chikmagalur taluk respondents (by sri. n r ravikumar .,advocate for r2; r1 served) this mfa is filed u/s1731) of mv act against the judgment and award dated239.2011 passed in mvc no.91/2008 on the file of principal district judge & mmact, chikmagalur, awarding a compensation of rs.34,000/- with interest @ 6% p.a. from the date of petition ..... 
    [7] =>  .....  officer, ftc & mact, mysuru and the judgment and award dated 23.09.2011 passed in m.v.c.no.91/2008 on the file of the prl. district judge and mact, chikmagaluru, are hereby modified holding that the owner of the offending vehicles i.e., tata sumo and motorcycle respectively are liable to pay compensation to the claimants  ..... is filed by the insurance company challenging the judgment and award dated 23.09.2011 passed in m.v.c.no.91/2008 on the file of the prl. district judge and mact, chikmagaluru (hereinafter referred to as the tribunal for brevity) fastening the liability on the insurance company to pay the compensation. mfa no.5338/2010 is filed .....  chikmagalur taluk respondents (by sri. n r ravikumar .,advocate for r2; r1 served) this mfa is filed u/s1731) of mv act against the judgment and award dated239.2011 passed in mvc no.91/2008 on the file of principal district judge & mmact, chikmagalur, awarding a compensation of rs.34,000/- with interest @ 6% p.a. from the date of petition ..... 
    [8] =>  .....  officer, ftc & mact, mysuru and the judgment and award dated 23.09.2011 passed in m.v.c.no.91/2008 on the file of the prl. district judge and mact, chikmagaluru, are hereby modified holding that the owner of the offending vehicles i.e., tata sumo and motorcycle respectively are liable to pay compensation to the claimants  ..... is filed by the insurance company challenging the judgment and award dated 23.09.2011 passed in m.v.c.no.91/2008 on the file of the prl. district judge and mact, chikmagaluru (hereinafter referred to as the tribunal for brevity) fastening the liability on the insurance company to pay the compensation. mfa no.5338/2010 is filed .....  chikmagalur taluk respondents (by sri. n r ravikumar .,advocate for r2; r1 served) this mfa is filed u/s1731) of mv act against the judgment and award dated239.2011 passed in mvc no.91/2008 on the file of principal district judge & mmact, chikmagalur, awarding a compensation of rs.34,000/- with interest @ 6% p.a. from the date of petition ..... 
    [9] =>  ..... 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 ..... 
    [10] =>  ..... no.910/2015 before the additional city - 3 - nc:2023. khc:30496 wp no.4483 of 2018 civil judge, bengaluru under sections 470 and 471 of the karnataka municipal act, 1976 (for short 'kmc act') and the order dated 05.12.2017 in the said matter is under challenge in the present proceedings.3. .....  dispute, binding outcome) adr nature and core relevant law mechanism features arbitration arbitration is an arbitrati adjudicatory on and procedure that concilia applies to disputes tion act, only when parties 1996 voluntarily consent to resort to arbitration. the dispute is adjudicated by an arbitrator (or a panel of arbitrators) appointed by the ..... . khc:30496 wp no.4483 of 2018 ombudsman and insurance ombudsman in india provide that the ombudsman act as both the mediator and the adjudicatory authority to resolve complaints. ombudsperson such as lokpal or lokayukta act as inquiry authorities to inquire on complaints on abuse of power by governmental authorities. early neutral an experienced evaluation  ..... 
    [11] =>  ..... of cpc, against the order dated2411.2020 passed on i.a. in o.s.no.8584/2012 on the file of the xxx additional city civil and sessions judge, bengaluru city cch-31, rejecting the i.a. filed under order39rule1and2of cpc. this writ petition and m.f.a. having been heard and reserved for orders on0308 .....  a matter of serious concern that despite repeated pronouncement of this court, the high courts continue to ignore the availability of statutory remedies under the drt act and sarfaesi act and exercise jurisdiction under article 226 for passing orders which have serious adverse impact on the right of banks and other financial institutions to recover their dues .....  building m.g. road, bangalore-01. represented by its senior manager5. allahabad bank a body corporate constituted under the banking companies (acquisition and transfer of undertakings) act, 1970 having its head office at no.2, netaji subhas road kolkata-700001. with one of its industrial finance branch office at no.1/32, ulsoor road cross ..... 
    [12] =>  .....  - nc:2023. khc:29737 mfa no.3796 of 2017 this mfa is filed under section301)(a) of w.c. act, against the judgment and award dated1709.2016 passed in eca no.82/2014 on the file of the i additional senior civil judge and cjm madya, dismissing the claim petition for compensation. this appeal coming on for further hearing this day, the ..... vs. ashokan of the supreme court to hold that "only when the benefit is received under the esi act, a claim under the provisions of m.v. act is barred". in the said case (western india plywood limited), in .....  the benefits were not claimed under the esi act." similar view is also expressed by a single bench of this court in the case of h.g. mahesh vs. smt. honnamma and another referred supra. the learned - 11 - nc:2023. khc:29737 mfa no.3796 of 2017 single judge has relied on the decision in the case of western india plywood limited  ..... 
    [13] =>  ..... the proceedings in cc.no.793/2022 (crime no.204/2021 humnabad p.s.), for the offences under sections498a), 323, 506, 494 r/w34ipc, and3and4dp act, pending on the file of civil judge and jmfc court at humanabad, against the petitioners. this petition, coming on for admission, this day, the court made the following: order1 heard learned  ..... of law. accordingly, i pass the following: order the petition is allowed. the proceedings in c.c. no.793/2022 pending on the file of the learned civil judge and j.mf.c., humnabad, bidar district arising out of crime no.204/2021, registered by the respondent- police for the offences punishable under sections 323, 504, 506 .....  offence, in such a situation, the ingredients of section 504 are satisfied. one of the essential elements constituting the offence is that there should have been an act or conduct amounting to intentional insult and the mere fact that the accused abused the complainant, as such, is not sufficient by itself to warrant a conviction under ..... 
    [14] =>  ..... case. elaborating further, she would submit that it is pertinent to note that both cases are by constitution benches. thereafter on 16.08.2012, 14 retired judges of the hon ble apex court and hon ble high courts, submitted representations to his excellency the president praying for clemency on behalf of the petitioner and .....  an additional punishment:22. the learned counsel for the petitioner would contend that the second supervening circumstance, which aids the petitioner to seek commutation is the act of the jail authorities in resorting to single cell confinement, of the convict/petitioner. the learned counsel would submit that single cell confinement or in other  ..... clearly reveals that solitary confinement as a sentence under the penal code is the severest. less severe is cellular confinement under section 46(10) of the prisons act and under section 46(8). obviously, disciplinary needs of keeping apart a prisoner do not involve any harsh element of punishment at all. we cannot, therefore ..... 
    [15] =>  .....  the court made the following: order the petitioner is before this court calling in question registration of crime in crime no.89 of 2023 pending before the principal civil judge & jmfc, harapanahalli, vijayanagara district for offence punishable under section 171f of the ipc.2. heard sri uday holla, learned senior counsel along with sri. vinod kumar ..... ground for proceeding against the accused. (6) where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or  ..... the concerned act, providing efficacious redress for the grievance of the aggrieved party. (7) where a criminal proceeding is manifestly attended with mala fide and/or where the  ..... 
    [16] =>  ..... , the court delivered the following: judgment1 aggrieved by the judgment and award dated 30.08.2017 passed in mvc no.397/2015 by the court of the senior civil judge and jmfc, kollegal (for short the tribunal ), the petitioners therein have preferred this appeal.2. for the sake of convenience, the parties are referred to herein as  .....  deprivation where a person suffers because of the accident. though it is impossible to equate human suffering and personal deprivation with money, this is what the motor vehicles act, 1988 enjoins the court to do. the court has to make a judicious attempt to award damages so as to compensate the claimant for the loss suffered by  ..... deceased, but are not his family members and not dependant on him, what is the compensation that they are entitled to.9. section 166(1) of the motor vehicles act, 1988 reads as under:"166. application for compensation: (1) an application for compensation arising out of an accident of the nature specified in sub-section (1) of section ..... 
    [17] =>  ..... 2014 and 21/2014.151. insofar as the contention regarding forest area is concerned and regarding forest produce, the learned special judge has recorded a finding by relying on section 80 of the karnataka forest act that there is a presumption that forest area belongs to the government until the contrary is proved.152. it must be  .....  the office of chief 44 minister, after perusal of which sanction was accorded by the chief minister. the learned special judge at para-38 of the order has referred to presumption with regard to official acts while discussing the attacks as regards to procedure that was required to be followed by the officials.59. while referring to .....  mentioned facts and punishable under the provisions of any law in respect of aforesaid acts for taking cognizance of the said offences by a court of competent jurisdiction." 110 113. clearly, the sanction order speaks for itself and the learned special judge nor this court are sitting in appeal and in the absence of any allegation  ..... 
    [18] =>  ..... 2014 and 21/2014.151. insofar as the contention regarding forest area is concerned and regarding forest produce, the learned special judge has recorded a finding by relying on section 80 of the karnataka forest act that there is a presumption that forest area belongs to the government until the contrary is proved.152. it must be  .....  the office of chief 44 minister, after perusal of which sanction was accorded by the chief minister. the learned special judge at para-38 of the order has referred to presumption with regard to official acts while discussing the attacks as regards to procedure that was required to be followed by the officials.59. while referring to .....  mentioned facts and punishable under the provisions of any law in respect of aforesaid acts for taking cognizance of the said offences by a court of competent jurisdiction." 110 113. clearly, the sanction order speaks for itself and the learned special judge nor this court are sitting in appeal and in the absence of any allegation  ..... 
    [19] =>  ..... 2014 and 21/2014.151. insofar as the contention regarding forest area is concerned and regarding forest produce, the learned special judge has recorded a finding by relying on section 80 of the karnataka forest act that there is a presumption that forest area belongs to the government until the contrary is proved.152. it must be  .....  the office of chief 44 minister, after perusal of which sanction was accorded by the chief minister. the learned special judge at para-38 of the order has referred to presumption with regard to official acts while discussing the attacks as regards to procedure that was required to be followed by the officials.59. while referring to .....  mentioned facts and punishable under the provisions of any law in respect of aforesaid acts for taking cognizance of the said offences by a court of competent jurisdiction." 110 113. clearly, the sanction order speaks for itself and the learned special judge nor this court are sitting in appeal and in the absence of any allegation  ..... 
)