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-23-2023
..... in hand is not adjudication of an industrial dispute under section 10(1)(c) or (d) read with section 11-a of the act. however, if the labour court finds that the domestic inquiry held against the appellant is suffering from one of the incurable defects as illustrated by this court in mysore steel works (p) ltd. ..... that the high court travelled outside its jurisdiction in embarking upon a reappraisal of the evidence. the prescribed authority as well as the learned second additional district judge concurrently found that madan lal was sitting in the shop on behalf of the appellant and deputising for him in carrying on the vegetable selling business. the ..... the judgment in the case of john d souza vs. karnataka state road transport corporation11 more particularly para 33, which is reproduced hereunder for easy reference:33. the three-judge bench decisions of this court in punjab national bank [punjab national bank ltd. v. workmen, (1960) 1 scr806: air1960sc160 and mysore steel works (p) ltd. [ .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-02-2023
..... and minor partner with a particular share in the firm. the firm owing to certain omissions and commissions on the part of the petitioner initiates inquiry by issuance of a charge sheet on 10-05-2022. calling upon the said proceedings, the petitioner files a commercial arbitration application in com. ..... for the aforesaid reasons, the following: order (i) writ petition is allowed. (ii) it is declared that the concerned lxxxv additional city civil and sessions judge, commercial court, bengaluru 36 has no jurisdiction to consider and adjudicate ma no.1/2023 and therefore, the proceedings stand obliterated. (iii) the obliteration of ..... block, koramangala bengaluru 560 034. ... petitioner (by sri nishanth a.v., advocate) and:1. . elior india food services llp incorporated under the limited liability partnership act, 2008 having its office at:001. campus3, ecospace, outer ring road, bellanduru bengaluru 560 103 representedby its designate partner/ authorized signatory mr.rohit sawhney. ... respondent .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-02-2023
..... expenditure without protest or objection, mandatory injunction could be declined and damages could be given. as held by the learned single judge we are of the considered view that in a case where the owner of the land filed suit for recovery of possession of his land from the encroacher ..... the absence of serious injury to the plaintiff is a ground for depriving the latter for his legal right to the property.21. true that the learned single judge further held that if the plaintiff is guilty of laches amounting to acquiescence or has knowingly permitted the defendant to make the construction and made him to incur heavy ..... to purchase another man s property against that man s will. in bodi reddy s decision (supra) the learned judge held that in a suit for recovery of possession filed within the period of limitation provided under limitation act, the doctrine of laches or acquiescence has no place to defeat the right of the plaintiff to obtain the relief .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-27-2023
..... evidence which are unnecessary and not required for the purpose of a fair hearing within the meaning of audi alteram partem rule in a quasi-judicial or administrative inquiry. [ ]. (emphasis supplied) 65. audi alteram partem, therefore, entails that an entity against whom evidence is collected must: (i) be provided an ..... have given the contractor adequate opportunity to represent against the proposed action of debarment.46. in raghunath thakur v. state of bihar34, a two-judge bench of this court held that since blacklisting entails civil consequences an order of blacklisting should be issued only after following the principles of natural justice ..... not mere legal formalities. they constitute substantive obligations that need to be followed by decision-making and adjudicating authorities. the principles of natural justice act as a guarantee against arbitrary action, both in terms of procedure and substance, by judicial, quasi-judicial, and administrative authorities. two fundamental principles .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-21-2023
..... do not involve point of law of general public importance under section 31 of the said act read with article 136(2) of the constitution.14. the view, thus, was stated to be in direct conflict with the observations of the seven-judges bench in l. chandra kumar14 in para 79, which reads as under:- 10 ( ..... restriction.20. learned counsel sought embargo from the high court exercising jurisdiction under article 226 of the constitution in the following cases: i) all cases related to courts of inquiry, court(s) martial, and discipline; ii) all cases related to pension and other retirement benefits, tenure, promotion, retirement, administrative termination of service, such as in ..... marks vis-a-vis different tribunals, though it has also produced some successes), the same was tested in l. chandra kumar18 case before a bench of seven judges of this court. thus, while upholding the principles of tribunalisation under article 323a or article 323b, the bench was unequivocally of the view that decisions of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-29-2023
..... she would be entitled to the benefit of the amended provision irrespective of the effect whether a coparcener had died before the commencement of the amendment act.63. a three-judge bench of this court doubted the correctness of the dictum as laid in prakash (supra) as there was an apparent conflict between the dictum as ..... deed. indisputably, in the case on hand, the first appellate court had neither recorded the statements of the parties in the court nor had made any inquiry into the terms of the settlement. it is in such circumstances that the high court in its impugned order has observed that the compromise petition was signed ..... envisaged under section 6(5) had taken place. (emphasis supplied). (reference: article titled changing dimensions of hindu coparcenary and section 6, hindu succession act, 1956 by justice satya poot mehrotra, former judge allahabad high court.) 76. the reference was ultimately answered in paras 137.1 to 137.5 resply as under: 137.1. the provisions contained .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-2023
..... the applicant had been exposed to, but the insurer had denied its liability for. the supreme court underlined that arbitrators perform judicial functions and are required to act as judges would, without fear or favour, affection or ill-will. one way of satisfying the parties as to an arbitrator s impartiality is disclosure. the role of ..... parthasarathi (supra): if right-minded persons would think that there is real likelihood of bias on the part of an inquiring officer, he must not conduct the inquiry; nevertheless, there must be a real likelihood of bias. surmise or conjecture would not be enough. there must exist circumstances from which reasonable men would think ..... both contesting parties, and the tribunal. this is clear from the directives enunciated by ongc (supra), through the majority opinion, which has the concurrence of the third judge as well: 1. [..].2. in cases where the arbitrator(s) are appointed by parties in the manner set out in the arbitration agreement, the fees payable to .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Oct-07-2023
..... both the points in favour of the writ petitioners and allowed the petitions. while doing so, the learned single judge took into account the various statutory provisions contained in the kh act, kuda act, ktcp act and kiad act and came to the concision that none of the statutory provisions can be interpreted, construed or understood as depriving writ ..... 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.-. 240 - nc:2023. khc-d:12094-db wa ..... obtained sanction/approval subject to terms and conditions, the writ petitioners were not entitled to approbate and reprobate and claim compensation is concerned, the learned single judge has dealt with this contention and recorded a correct finding that the said conduct of the writ petitioners would neither militate against them nor operate as estoppel .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-06-2023
..... application.30. therefore, in view of above discussion, it is evident that the impugned judgment is passed ignoring the provision of section 138 of n.i. act. the learned sessions judge has not applied his mind to the evidence on record. therefore, such judgment being illegal, perverse and erroneous has - 29 - crl.a no.172 of ..... and needs no interference by this court. hence, prayed to dismiss the appeal.9. i have perused the judgment of acquittal passed by the learned sessions judge. learned sessions judge has raised two points for consideration. first point for consideration is regarding the power of the jmfc to impose the punishment. the second point is punishment ..... visualised in the context of the particular matter before the appellate court and the nature of inquiry therein. the same rule with same rigour cannot be applied in a matter relating to the offence under section 138 of the ni act, particularly where a presumption is drawn that the holder has received the cheque for the discharge .....
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