Court : Karnataka Kalaburagi
Decided on : Jun-16-2023
..... was suffering from mental illness. therefore, though the evidence is placed on record with regard to his insanity during the course of trial, but the learned sessions judge has not taken into consideration the defence evidence and hastily found the accused guilty of the commission of the offence which has resulted in miscarriage of justice. ..... impulse, and when proved, is according to more recent decisions in england and america a good ground for exemptions, even though there may be sufficient understanding that the act is wrong or illegal. (e) where, however, the existence of such understanding is not negatived, the mere irresistible impulse does not seems to be a ground ..... of accused, they have consistently deposed that accused was of good character when he was teaching in the school and he had no bad antecedents. he never acted as an insane person during teaching.25. these three witnesses are not the eye witnesses but, have spoken about conduct and behaviour of accused being colleagues in .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-03-2023
..... had filed w.p.nos.26793-795/2009 before this court challenging the preliminary and final notifications issued in respect of the lands in question. a learned single judge of this court on 07.09.2009 had granted an interim order staying the acquisition proceedings in respect of the lands in question. subsequently, the advocate general ..... j., delivered the following: judgment this intra court appeal is filed by the unsuccessful petitioners assailing the order dated 15.12.2010 passed by the learned single judge of this court in w.p.nos.39277-278 of 2010.2. heard the learned counsel's appearing for the parties and also perused the materials placed on ..... on behalf of the appellants submits that the learned single judge had failed to consider 9 that the authorities concerned have not applied their mind before issuing the communication for handing over possession of the lands in question to the project proponent and the said act of the authority is arbitrary and is orchestrated by the beneficiary .....
Tag this Judgment!Court : Karnataka
Decided on : May-16-2023
..... it was not necessary to observe the principles of natural justice and the decision to terminate a tender process is also not an administrative or executive act to attract the duty to act fairly. a learned single judge of gauhati high court holds that decision to cancel a tender process is purely administrative and there need not be reasons recorded in writing and ..... can be no qualm about the principle so laid down by the learned judge. the tender there was not governed by the statute. the tender process in the case at hand is governed by the act. power to cancel a tender is 27 derived from section 14 of the act. therefore, the auction is statutory. in a statutory process, the duty to give .....
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 : Karnataka
Decided on : Jul-11-2023
..... not is required to be considered. however, thereafter when the statements are recorded, evidence is collected and the charge-sheet is filed after conclusion of the investigation/inquiry the matter stands on different footing and the court is required to consider the material/evidence collected during the investigation. even at this stage also, as observed ..... 2020 scc online all 914]. passed by the high court, it does not appear that the high court took into consideration the material collected during the investigation/inquiry and even the statements recorded. if the petition under section 482 crpc was at the stage of fir in that case the allegations in the fir/complaint ..... persons in respect of offences under section 13(2) read with 13(1)(d) of the pc act and allied offences. when the matter was taken up for the issuance of summons to the accused persons, the special judge while recording satisfaction that there was enough incriminating material to proceed against the accused named in the .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-24-2023
..... of cpc, against the order dated2411.2020 passed on i.a. in o.s.no.8584/2012 on the file of the xxx additional city civil and sessions judge, bengaluru city cch-31, rejecting the i.a. filed under order39rule1and2of cpc. this writ petition and m.f.a. having been heard and reserved for orders on0308 ..... a matter of serious concern that despite repeated pronouncement of this court, the high courts continue to ignore the availability of statutory remedies under the drt act and sarfaesi act and exercise jurisdiction under article 226 for passing orders which have serious adverse impact on the right of banks and other financial institutions to recover their dues ..... building m.g. road, bangalore-01. represented by its senior manager5. allahabad bank a body corporate constituted under the banking companies (acquisition and transfer of undertakings) act, 1970 having its head office at no.2, netaji subhas road kolkata-700001. with one of its industrial finance branch office at no.1/32, ulsoor road cross .....
Tag this Judgment!Court : Karnataka
Decided on : May-22-2023
..... of the chief justice. there is no territorial bifurcation of the high court merely because the chief justice directs under sub-section (3) of section 51 of the act that the judges and division courts shall also sit at such other places as he may, with the approval of the governor, appoint. it must accordingly be held that there was ..... matters the decision lies with the central government in contrast, the power of the chief justice to appoint under sub-section (3) of section 51 of the act the sittings of the judges and division courts of the high court for a new state at places other than the place of the principal seat or the permanent bench is in the ..... division courts at aurangabad are part of the same high court as those at the principal seat at bombay and they exercise jurisdiction as judges of the high court of bombay at aurangabad. the chief justice acted within the scope of his powers. we see no substance in the charge that the impugned notification issued by the chief justice under .....
Tag this Judgment!