Court : Karnataka
Decided on : Mar-16-2023
..... are made by the chief executive officer of zilla 78 panchayat to the secretary to government/disciplinary authority to close the proceedings. the finding of the inquiry officer is that acts of the petitioner have not resulted in any loss to the government. with the said finding, all that remains is an order has to be ..... of section 197 crpc. in lakshmansingh himatsingh vaghela [lakshmansingh himatsingh vaghela v. naresh kumar chandrashanker jah, (1990) 4 scc169 1990 scc (cri) 558]., a three-judge bench dissecting the anatomy of section 197(1) crpc opined that the said provision clearly intends to draw a line between public servants and to provide that only ..... crown, 1939 scc online fc2: air1939fc43 because sulaiman, j.has observed in the said judgment that as the prohibition is against the institution itself, its applicability must be judged in the first instance at the earliest stage of institution and varadachariar, j.has also stated that : (matajog dobey case [matajog dobey v. h.c. bhari, .....
Tag this Judgment!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-14-2023
..... filed under section96of cpc., against the judgment and decree dated:06. 03.2010 passed in os.no.6190/2003 on the file of the42d addl. city civil and sessions judge, bangalore, decreeing the suit for recovery of money. this rfa, having been heard and reserved for judgment on1611.2022 coming on for pronouncement of judgment, this day, p ..... insurance, sweet & maxwell, sixth edition, 1990 rfa no.1074/2010 15 26. in our considered view, issuance of a fake bank guarantee by second defendant is a dishonest act and therefore, covered by the policy. hence, ntc shall be entitled for the insurance claim from insurer. accordingly, this point is answered in the affirmative. re. point no. ..... be accumulated or increased thereby but the aggregate liability of the company during any number of periods of indemnity rfa no.1074/2010 11 and for any number of acts of fraud or dishonest committed by the c & f agent shall not exceed the sum insured hereunder or the sum insured under any other such polity as .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-06-2023
..... alleged will executed. he pointed out that the answers obtained in cross- examination of attesting witness (d.w.2) has been rightly appreciated by the learned trial judge while appreciating the case of plaintiff and rightly decreed suit.31. he also argued that will executed by sri. murthy rao and smt. rangamma is not properly proved ..... was residing with her husband after her marriage and the fourth defendant having acquired the citizenship of new zealand is the resident of new zealand from the year 1968 with his wife and children. fifth defendant is residing with her husband in kumbakonam. 105. s.s. murthy rao hailed from tamil nadu and inherited some ..... burden expected to be discharged by law is only to the extent that the propounder has to show the execution in terms of the essential statutory requirements under the act; absence of suspicious circumstances; and mental fitness of the testator. thus, while appreciating the material evidence placed on record, the court is not expected to look .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-06-2023
..... alleged will executed. he pointed out that the answers obtained in cross- examination of attesting witness (d.w.2) has been rightly appreciated by the learned trial judge while appreciating the case of plaintiff and rightly decreed suit.31. he also argued that will executed by sri. murthy rao and smt. rangamma is not properly proved ..... was residing with her husband after her marriage and the fourth defendant having acquired the citizenship of new zealand is the resident of new zealand from the year 1968 with his wife and children. fifth defendant is residing with her husband in kumbakonam. 105. s.s. murthy rao hailed from tamil nadu and inherited some ..... burden expected to be discharged by law is only to the extent that the propounder has to show the execution in terms of the essential statutory requirements under the act; absence of suspicious circumstances; and mental fitness of the testator. thus, while appreciating the material evidence placed on record, the court is not expected to look .....
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 : 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 .....
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