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 : 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 : Aug-28-2023
..... 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 .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-21-2023
..... - 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 .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Aug-18-2023
..... 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 .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Aug-18-2023
..... . accordingly, we pass the following; order i. the appeal is allowed in part. ii. the judgment and award dated 21.07.2017 passed by the iv additional district judge and mact-xiii in m.v.c.no.1735/2015, is hereby modified. iii. appellants/claimants are entitled for a total compensation of rs.22,62,000/- as against ..... (smt) and others vs. delhi transport corporation and another3, as affirmed in the case of reshma kumari and others vs. madan mohan and another4.19. the motor vehicles act, 1988, in the matter of awarding compensation, being a beneficial legislation for the benefit of the victims and members of their family, the courts shall have to compute compensation, ..... . 03.07.2019 notice to r1 is dispensed with) this appeal is filed under section173(1) of the motor vehicle act, praying to modify the judgment and award dated2107.2017 passed by the court of iv addl. district judge & mact-xiii, vijayapura in mvc.no.1735/2015 and award the compensation as prayed for in the original claim petition. .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Aug-11-2023
..... ; v/o dtd. 11.08.2023 notice to r2 is dispensed with) this appeal is filed u/s1731) of the motor vehicles act, praying to call for the records in mvc no.213 of2016on the file of senior civil judge and addl. mact at shorapur and set aside and modify the judgment dated1710.2017 and award dated2510.2017 by allowing this appeal ..... , mfa.crob no.200068 of 2018, mfa.crob no.200069 of 2018 this appeal is filed u/s1731) of the motor vehicles act, praying to call for the records in mvc no.212 of2016on the file of senior civil judge and addl., mact at shorapur and set aside and modify the judgment dated1710.2017 and award dated2510.2017 by allowing this appeal ..... ; v/o dtd. 19.03.2018 notice to r4 is dispensed with) this appeal is filed u/s1731) of the motor vehicles act, praying to call for the records in mvc no.211 of2016on the file of senior civil judge and addl., mact at shorapur and set aside and modify the judgment dated1710.2017 and award dated2510.2017 by allowing this appeal .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Aug-11-2023
..... ; v/o dtd. 11.08.2023 notice to r2 is dispensed with) this appeal is filed u/s1731) of the motor vehicles act, praying to call for the records in mvc no.213 of2016on the file of senior civil judge and addl. mact at shorapur and set aside and modify the judgment dated1710.2017 and award dated2510.2017 by allowing this appeal ..... , mfa.crob no.200068 of 2018, mfa.crob no.200069 of 2018 this appeal is filed u/s1731) of the motor vehicles act, praying to call for the records in mvc no.212 of2016on the file of senior civil judge and addl., mact at shorapur and set aside and modify the judgment dated1710.2017 and award dated2510.2017 by allowing this appeal ..... ; v/o dtd. 19.03.2018 notice to r4 is dispensed with) this appeal is filed u/s1731) of the motor vehicles act, praying to call for the records in mvc no.211 of2016on the file of senior civil judge and addl., mact at shorapur and set aside and modify the judgment dated1710.2017 and award dated2510.2017 by allowing this appeal .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Aug-11-2023
..... ; v/o dtd. 11.08.2023 notice to r2 is dispensed with) this appeal is filed u/s1731) of the motor vehicles act, praying to call for the records in mvc no.213 of2016on the file of senior civil judge and addl. mact at shorapur and set aside and modify the judgment dated1710.2017 and award dated2510.2017 by allowing this appeal ..... , mfa.crob no.200068 of 2018, mfa.crob no.200069 of 2018 this appeal is filed u/s1731) of the motor vehicles act, praying to call for the records in mvc no.212 of2016on the file of senior civil judge and addl., mact at shorapur and set aside and modify the judgment dated1710.2017 and award dated2510.2017 by allowing this appeal ..... ; v/o dtd. 19.03.2018 notice to r4 is dispensed with) this appeal is filed u/s1731) of the motor vehicles act, praying to call for the records in mvc no.211 of2016on the file of senior civil judge and addl., mact at shorapur and set aside and modify the judgment dated1710.2017 and award dated2510.2017 by allowing this appeal .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Aug-11-2023
..... ; v/o dtd. 11.08.2023 notice to r2 is dispensed with) this appeal is filed u/s1731) of the motor vehicles act, praying to call for the records in mvc no.213 of2016on the file of senior civil judge and addl. mact at shorapur and set aside and modify the judgment dated1710.2017 and award dated2510.2017 by allowing this appeal ..... , mfa.crob no.200068 of 2018, mfa.crob no.200069 of 2018 this appeal is filed u/s1731) of the motor vehicles act, praying to call for the records in mvc no.212 of2016on the file of senior civil judge and addl., mact at shorapur and set aside and modify the judgment dated1710.2017 and award dated2510.2017 by allowing this appeal ..... ; v/o dtd. 19.03.2018 notice to r4 is dispensed with) this appeal is filed u/s1731) of the motor vehicles act, praying to call for the records in mvc no.211 of2016on the file of senior civil judge and addl., mact at shorapur and set aside and modify the judgment dated1710.2017 and award dated2510.2017 by allowing this appeal .....
Tag this Judgment!