Court : Karnataka
Decided on : Apr-21-2023
..... have resulted in loss caused to the bank. the allegation of causing loss has resulted in a departmental inquiry and the department inquiry ended in imposition of penalty of compulsory retirement, which is also under challenge before this court. therefore, the act of the tribunal in entertaining the application itself was, on the face of it, erroneous.14. the ..... said amount. by no stretch of imagination the said misappropriation of the amount of the bank by its employee can be construed as a debt , the learned trial judge, in the instant case, unfortunately has referred to and reproduced only a limited part of the definition of the word debt and has committed an error in holding that ..... . (emphasis supplied) the high court of gujarat clearly holds that a fraud committed by an employee cannot be construed to be a debt and the learned trial judge therein had only referred to a limited part of the definition of 25 the word debt and had committed an error in holding that the debt is a liability .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-20-2023
..... 2014 sanction under the said sub-section (2), the planning authority may direct such person by notice in writing to stop any work in progress and after making an inquiry in the prescribed manner, remove or pull down any work or restore the land to its original condition. (5) any expenses incurred by the planning authority under sub ..... it is in that background that the petitioners are seeking for a mandamus in that regard. 15.7. in terms of section 2(30) of the karnataka municipal corporation act, 1976 [ act for short]., a private street is defined as under: (30) private street means any street, road, square, court, alley, passage or riding path, which is not ..... (the act). the trial court answered the question in the affirmative and dismissed the suit filed by the appellant-plaintiff. the 1 (1993) 4 scc69- 26 - wp no.14685 of 2014 appeal against the said order was dismissed by the senior subordinate judge on february 13, 1967. the second appeal was also dismissed by a learned single judge of .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-20-2023
..... to compensation.26. therefore, by applying the principle of notional extension of employment and considering section 3 of the employees compensation act, where the death or bodily injuries caused arising out of and in the course of employment, the death or bodily injury ..... karnataka rules stipulates as follows:"42. certain provisions of code of civil procedure, 1908 to apply.-. save as otherwise expressly provided in the act or these rules, the following provisions of the first schedule to the code of civil procedure, 1908, namely, those contained in order ..... rules stipulates as follows:"41. certain provisions of code of civil procedure, 1908 to apply.-. save as otherwise expressly provided in the act or these rules the following provisions of the first schedule to the code of civil procedure, 1908, namely, those contained in order ..... with certificate copy of this order to the tribunal forthwith. ix. draw award accordingly. sd/- judge ka-para 1 to 16 jj- para 17 to 20 pb- para 21 to 25 ct: thk .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-20-2023
..... to compensation.26. therefore, by applying the principle of notional extension of employment and considering section 3 of the employees compensation act, where the death or bodily injuries caused arising out of and in the course of employment, the death or bodily injury ..... karnataka rules stipulates as follows:"42. certain provisions of code of civil procedure, 1908 to apply.-. save as otherwise expressly provided in the act or these rules, the following provisions of the first schedule to the code of civil procedure, 1908, namely, those contained in order ..... rules stipulates as follows:"41. certain provisions of code of civil procedure, 1908 to apply.-. save as otherwise expressly provided in the act or these rules the following provisions of the first schedule to the code of civil procedure, 1908, namely, those contained in order ..... with certificate copy of this order to the tribunal forthwith. ix. draw award accordingly. sd/- judge ka-para 1 to 16 jj- para 17 to 20 pb- para 21 to 25 ct: thk .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Apr-20-2023
..... ismail jalgar, and sri. vijay s. chiniwar, advocates) this mfa is filed u/s.54(1) of the land acquisition act, 1894, praying to call for records on the file of the learned iii addl. senior civil judge, hubballi in lac.no.87/2013 dated2101.2015 and modify the judgment and award dated2101.2015 passed by the learned iii addl ..... meager and as such she sent a reference application dated 21.09.2013 under section 18(1) of the act to the respondents-authorities as per ex.p.11 requesting the respondents authorities to refer the matter to the prl. senior civil judge, hubballi for determination of - 7 - mfa no.102248/2015 (lac) c/w mfa no.103444/2016 ..... land acquisition, gujarat and another v. madhubai gobarbhai and another (2009) 15 scc125and argued that the view expressed by the reference court and approved by the learned single judge of the high court on the admissibility and relevance of the copies of the registered sale deeds is liable to be overturned. shri lalit further argued that the reference .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-19-2023
..... appeal in w.a. no.9185 of 1996, the division bench of this court did not reverse any of the propositions of law laid down by the learned single judge, but on facts found that the appellant therein had indeed worked and was entitled to 80 days of earned leave and granted the same to him. it does not ..... during the intervening period the employee was gainfully employed and was getting the same emoluments. denial of back wages to an employee, who has suffered due to an illegal act of the employer would amount to indirectly punishing the concerned employee and rewarding the employer by relieving him of the obligation to pay back wages including the emoluments. 9 ..... encashment of the earned leave had sought for such encashment which came to be refused.18. the labour court in a proceeding under section 33c(2) of industrial disputes act has come to a conclusion that whenever there is a reinstatement with continuity of service, the workman will be entitled to the benefit of earned leave.19. despite .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-19-2023
..... appeal in w.a. no.9185 of 1996, the division bench of this court did not reverse any of the propositions of law laid down by the learned single judge, but on facts found that the appellant therein had indeed worked and was entitled to 80 days of earned leave and granted the same to him. it does not ..... during the intervening period the employee was gainfully employed and was getting the same emoluments. denial of back wages to an employee, who has suffered due to an illegal act of the employer would amount to indirectly punishing the concerned employee and rewarding the employer by relieving him of the obligation to pay back wages including the emoluments. 9 ..... encashment of the earned leave had sought for such encashment which came to be refused.18. the labour court in a proceeding under section 33c(2) of industrial disputes act has come to a conclusion that whenever there is a reinstatement with continuity of service, the workman will be entitled to the benefit of earned leave.19. despite .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Apr-18-2023
..... or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this code by or before such court or officer, such court may issue a summons, or such officer a written order, to the ..... allow this criminal petition and thereby quash the order dated0712.2018 passed in private complaint no.7/2017 (old private complaint no.623/2011) by the i additional senior civil judge & cjm, vijayapura in allowing the application filed under section91of cr.p.c. filed by the respondent no.2 herein & thereby, directing the petitioners & others to produce the ..... personally to produce the same. (3) nothing in this section shall be deemed- (a) to affect sections 123 and 124 of the indian evidence act, 1872 (1 of 1872 ), or the bankers' books evidence act, 1891 (13 of 1891 ) or (b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-18-2023
..... to r3) - 7 - wa no.405 of 2023 this writ appeal is filed under section4of the karnataka high court act praying to allow the appeal by setting aside the order dated:05.04.2023 passed by the learned single judge in wp no.7025/2023 (gm-res). b) grant relief as sought for in wp no.7025/2023. this ..... filing the present writ petition challenging the action of the respondents in issuing paper publication for deletion of names and seeking reliefs as noted above.4. learned single judge taking note of the submissions made on behalf of appellants/petitioners in furtherance to writ petition and submissions made in justification of issuance of the paper publication by the ..... individuals. what results in such cases is public - 27 - wa no.405 of 2023 injury and it is one of the characteristics of public injury that the act or acts complained of cannot necessarily be shown to affect the rights of determinate or identifiable class or group of persons : public injury is an injury to an indeterminate class of .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-13-2023
..... year rigorous imprisonment. the other sentence ordered by the trial court remained undisturbed.5. it is challenging the said reduction of sentence of imprisonment by the sessions judge s court, the state has preferred criminal revision petition no.306/2013, however, the accused no.1 has filed criminal revision petition no.1186/2012, challenging ..... state public prosecutor would go to show that the accused has served the sentence in different criminal cases for the offence punishable under section 138 of negotiable instruments act, 1881 in different times and in different jails. the medical record produced for a perusal and return by the learned counsel for accused no.1, except ..... proceeding further and assaulted pw-1 and pw-3 with a dangerous weapon in a dangerous manner, inflicting multiple injuries upon them having the knowledge of his act and thus has committed the offences punishable under sections 341 and 326 of ipc.30. the trial court after hearing the accused, sentenced accused no.1 to .....
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