Court : Karnataka
Decided on : Feb-03-2023
..... not by someone else in the name of a different person le., about the identity of the executant of the original document by making all reasonable inquiries including insistence of identification of a member of the public by a legal practitioner known to the notary. unless the executant is known to the notary personally ..... sri s.k.v. chalapathi, learned senior counsel representing the plaintiffs in both the appeals, who are respondents herein, these appeals, contended that the learned trial judge has rightly appreciated the material on record and decreed the suit of the plaintiffs.24. in support of his arguments also, he has filed written synopsis and ..... has to be exercised on sound, reasonable, rational and acceptable principles. the parameters for the exercise of discretion vested by section 20 of the specific relief act, 1963 cannot be entrapped within any precise expression of language and the contours thereof will always depend on the facts and circumstances of each case. the ultimate .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-03-2023
..... not by someone else in the name of a different person le., about the identity of the executant of the original document by making all reasonable inquiries including insistence of identification of a member of the public by a legal practitioner known to the notary. unless the executant is known to the notary personally ..... sri s.k.v. chalapathi, learned senior counsel representing the plaintiffs in both the appeals, who are respondents herein, these appeals, contended that the learned trial judge has rightly appreciated the material on record and decreed the suit of the plaintiffs.24. in support of his arguments also, he has filed written synopsis and ..... has to be exercised on sound, reasonable, rational and acceptable principles. the parameters for the exercise of discretion vested by section 20 of the specific relief act, 1963 cannot be entrapped within any precise expression of language and the contours thereof will always depend on the facts and circumstances of each case. the ultimate .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-21-2023
..... have been appointed as commissioners for employee compensation, that is to say, apart from the judicial work to be discharged by the aforesaid judges they would also act as commissioner/s for employees compensation. while doing so the powers and procedure prescribed under the eca would have to be exercised by such commissioners of employees compensation.17. needless ..... . ii. a certiorari is issued, the proceedings initiated in execution no.2098/2017 are hereby quashed. iii. the concerned judge dealing with the execution no.2098/2017 is directed to issue necessary recovery certificate in terms of section 31 of the employees compensation act, 1923. iv. the registrar (general) after obtaining approval from the hon ble chief justice, high court of - 15 .....
Tag this Judgment!Court : Karnataka
Decided on : May-22-2023
..... lessee of the registered holder. the lease is called mulgeni and the registered holder s right muli. a mulgenidar has a perpetual lease and is not removable by the 6 1968 (2) mys.lj439- 17 - wp no.11158/2013 c/w w.p.nos.43928/2012, 11966/2013 23287/2013, 62434/2016 registered holder so long as he pays rent ..... purpose. whether the law of acquisition is for public purpose, or not is a justiciable issue. but the decision in that regard is not to be given by any detailed inquiry or investigation of facts. the intention of the legislature has to be gathered mainly from the statement of objects and reasons of the ..... give effect to all other directive principles contained in part iv is being examined by a bench of nine judges in property owners association vs. state of maharashtra30. thirdly, as already discussed above, no assent of the president is secured to the impugned act in terms of proviso to article 31c. fourthly, sanjeev coke, supra, having adverted to minerva mills, extends protection .....
Tag this Judgment!Court : Karnataka
Decided on : May-22-2023
..... lessee of the registered holder. the lease is called mulgeni and the registered holder s right muli. a mulgenidar has a perpetual lease and is not removable by the 6 1968 (2) mys.lj439- 17 - wp no.11158/2013 c/w w.p.nos.43928/2012, 11966/2013 23287/2013, 62434/2016 registered holder so long as he pays rent ..... purpose. whether the law of acquisition is for public purpose, or not is a justiciable issue. but the decision in that regard is not to be given by any detailed inquiry or investigation of facts. the intention of the legislature has to be gathered mainly from the statement of objects and reasons of the ..... give effect to all other directive principles contained in part iv is being examined by a bench of nine judges in property owners association vs. state of maharashtra30. thirdly, as already discussed above, no assent of the president is secured to the impugned act in terms of proviso to article 31c. fourthly, sanjeev coke, supra, having adverted to minerva mills, extends protection .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-15-2023
..... (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 .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-28-2023
..... under article227of the constitution of india praying to quashing the impugned portion of the order dated1102/2022 passed by the honble lxxxvii addl. city civil and sessions judge (exclusive dedicated commercial court) (cch-88) at bengaluru in com ex.pet.no.224/2021 produced as annexure-a and consequently direct the decree holder ..... possibly misconstrued by executing court to be an instrument. the executing court therefore erred in impounding arbitral award in execution proceedings under section 36 of the 1996 act. iii) an arbitral award stems from an adjudication of disputes which is not a creature by consent, but on account of unilateral expression of adjudication ..... of an award as a decree. arbitral award is tendered in execution proceedings for enforceability of an award. therefore, sections 33 and 34 of the stamp act which mandates and requires an insufficient stamped instrument to be impounded and consequently penalty to be imposed cannot be extended and applied to arbitral awards. an .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-28-2023
..... under article227of the constitution of india praying to quashing the impugned portion of the order dated1102/2022 passed by the honble lxxxvii addl. city civil and sessions judge (exclusive dedicated commercial court) (cch-88) at bengaluru in com ex.pet.no.224/2021 produced as annexure-a and consequently direct the decree holder ..... possibly misconstrued by executing court to be an instrument. the executing court therefore erred in impounding arbitral award in execution proceedings under section 36 of the 1996 act. iii) an arbitral award stems from an adjudication of disputes which is not a creature by consent, but on account of unilateral expression of adjudication ..... of an award as a decree. arbitral award is tendered in execution proceedings for enforceability of an award. therefore, sections 33 and 34 of the stamp act which mandates and requires an insufficient stamped instrument to be impounded and consequently penalty to be imposed cannot be extended and applied to arbitral awards. an .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-22-2023
..... appeal, detailed discussion as to the legal principles enunciated in the aforesaid decisions, in the considered opinion of this court is unnecessary.38. further, all that learned trial judge in impugned order has held in same that the suit is not maintainable before this civil court, which is based on sound reasons, inasmuch as, if a dispute as ..... jurisdiction of the civil court. where there is no express exclusion the examination of the remedies and the scheme of the particular act to find out the intendment becomes necessary and the result of the inquiry may be decisive. in the latter case it is necessary to see if the statute creates a special right or a liability ..... filed u/s96of cpc against the judgement and decred dated2702.2006 passed on i.a. in o.s. no.2343/2004 on the file of the vii addl. city civil judge, bangalore (cch.19) rejecting the plaint filed u/o7rule11of cpc. in rfa no.1434/2006 between: dattaprasad cooperative society ltd., 260, 10th main, malleswaram, bangalore - 560 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-16-2023
..... stores, transports, imports, exports, sells or distributes any liquor, intoxicating drug or other intoxicant in contravention of any of the provisions of the andhra pradesh excise act, 1968 (act 17 of 1968) and the rules, notifications and orders made thereunder, or in contravention of any other law for the time being in force, or who knowingly expends or ..... to affect the maintenance of public order." the later clause lay emphasis on immediacy and promptitude and the authorised officer on the spot is the best judge to subjectively satisfy from the facts and ground situation and take preventive measure to maintain public order. the reliance by shri ganesh on the decision of ..... his body . the general purpose of these writs as their name indicates was to obtain the production of the individual before a court 29 or a judge. this is a prerogative process for securing the liberty of the subject by affording an effective relief of immediate release from unlawful or unjustifiable detention, whether .....
Tag this Judgment!