Court : Karnataka
Decided on : Jan-04-2013
..... of conviction and sentence passed on the appellants be set aside and they be acquitted. 5. in support of his submission, he relied upon the decision reported in air 1993 sc 2644. 6. per contra, sri. n.s. sampangi ramaiah, learned hcgp supporting the impugned judgment and order contended the evidence on record does not reveal that the ..... due delibe rations, consultations and discussion complaint could not be treated as fir it would be a statement made during investigation and hit by s. 162. (c). evidence act (1872), section 3 interested witnesses not by itself enough to discard their testimony- their evidence is to be scrutinized carefully investigation found to be tainted and unsafe to ..... and it is hit by section 162 of cr.p.c. 16. learned counsel for the appellant in support of his submission has relied upon the decision reported in air 1993 sc 2644 in the case of state of andra pradesh vs. punati ramulu and others, which reads as follows: (a). criminal p.c (1974), sec.154 .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-26-2013
..... 80hhc should be in the context of the provisions of section 80hhc; that it cannot be the figure which is otherwise contemplated under the provisions of the act in general, particularly for the purpose of allowing the deduction of unabsorbed depreciation of earlier years; that taking the figure of profits of the business for the ..... reliance on these two decisions, is that the figure which is the amount attributable to profits of the business for the purpose of section 80hhc of the act, which is to be multiplied by the fraction of export turnover divided by total turnover for arriving at the computation of the amount qualifying for deduction under ..... assessee as otherwise computed in terms of the provisions of the act. the assessee not having factored computation in terms of explanation [baa] to section 80hhc of the act itself which can only indicate that there are no amounts attributable to deduction, we also find no foundation laid for the amount mentioned and we cannot on hypothetical .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-20-2013
..... same and not any special consequences relatable to the pendency of a winding-up petition or an order made thereon.i am therefore of the opinion that the very foundation or the occasion for the court making an order referred to in sub-section (2) of section 536 is that there is a disposition of property made by ..... court must be confirmed.87.a division bench of this court in the case of a.v.krishna vs- karnataka leasing and commercial corporation limited reported in ilr 1993 kar 338 has held as under: 10.the concept of cause of action shall have to be understood by reference to the nature of the proceedings that could ..... the counsel for the respondent partly regarding admission of the company petition, without passing an order for admission he entertained the application filed under section 536(2) of the act and has passed the impugned order. therefore, the question for consideration is, whether maintainable even before such the an application company petition admitted.54.section 536(2) reads .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Mar-28-2013
..... and not from the date of supplementary award. "perhaps, in view of the above judgment, the government vide communication no. rd.25.laq.92 dated 28.06.1993 directed the lao to grant solatium to the landowners of kolhar village. it appears that the judgment in w.p. no.19495/90 was not brought to the ..... counsel for the parties at considerable length and with their assistance gone through the entire material placed on record and the relevant provisions of the l.a. act and kiad act and so also the judgments relied upon by them in support of their contentions. sri a.p. murari, learned counsel appearing for the appellants, at the ..... the above land has agreed to receive compensation at .................. representing the compensation payable to the owner determined by the land acquisition officer, as required under the said act and rules and whereas government has agreed at the request of the owner to pay the owner a sum of rs.............. representing the full compensation payable to the owner .....
Tag this Judgment!Court : Karnataka Gulbarga
Decided on : Feb-28-2013
..... is without jurisdiction. it is claimed that possession is taken on 06.11.1960. it is also not in dispute that section 4(1) notification is dated 26.04.1993. the short question is whether during that period the court has jurisdiction to award interest. the fact that the reference court had no jurisdiction to grant interest during that ..... award came to be passed on 15.02.1995 by the land acquisition officer, fixing the market value of the acquired land at rs.15,000-00 per acre. the petitioners protested and sought for reference under section 18(1) of the act. the matter was referred to the civil court ..... act . 2. the petitioners were the owners of land bearing sy.no.12(a) and 12(aa) measuring 2 acres 12 guntas of singapore village in sindhanoor taluk, raichur district. the said land was notified for acquisition for the construction of ayacut road from rg road to kakkargol village. a preliminary notification came to be issued on 26.04.1993. .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-02-2013
..... that such a written request is to be presented to the president personally. the legislature in its wisdom has cautiously avoided the word personally while enacting the law/act. therefore, the presentation of the written request, though to be addressed to the president, need not be presented to the president personally. it is not the requirement of ..... s. patil, learned senior counsel appearing for the 2nd respondent/caveator contended that having regard to the language employed in sub-section(2) of section 47 of the act, presentation of a written request to the president personally is not the requirement of law. the written request addressed to the president may be handed over to the ..... in several judgments of this court. in the case of m. krishnappa and another vs chief officer, tmc., vijayapura and others (1993 (1) k.l.j. 583) interpreting section 47(2) and (3) of the act this court has held under: in the case on hand, written request to call for the meeting was neither addressed to the .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-21-2013
..... cannot be quashed merely because a civil wrong has also been committed. the power cannot be invoked to stifle or scuttle a legitimate prosecution. the factual foundation and ingredients of an offence being satisfied, the court will not either dismiss a complaint or quash such proceedings in exercise of its inherent or original jurisdiction ..... purported to have been issued by m/s. sgs india pvt. ltd.. thus, though the dispute between the parties relate to the commercial transaction, the acts alleged to have been committed by the accused would constitute both civil wrong and criminal offences. no doubt the contract between the parties contains an arbitration clause ..... the parties contains arbitration clause and one of the parties has invoked the said remedy, is no bar for initiation of the criminal prosecution, if the acts complained of constitute a criminal offence. therefore, there is no substance in the contention of the learned senior counsel that the pendency of the proceedings before .....
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