Court : Karnataka Gulbarga
..... after considering the definition of the word writing provided in section 3(42) of the karnataka general clauses act, 1899, the meaning assigned to the word hand in 20th century dictionary, unabridged, ii edition, and the definition of the word sign in section 3(37) of the karnataka general clauses act, this court has held that the expression writing under his hand conveys that it is enough if the letter of resignation written of typed bears the signature of the person tendering the resignation. ..... the word sign is defined in s.3 (37) of the karnataka general clauses act, 1899 to mean with its grammatical variations and cognate expressions, (that it) shall with reference to a person who is unable to write his name, include mark with its grammatical variations and cognate expressions. ..... therefore, the petitioners have filed these writ petitions seeking the following reliefs: (a) issue a writ of certiorari and to quash the order dated 2.9.2011 passed by the 3rd respondent in no. ..... bachittar singh and others (air 1955 sc 830), wherein it is observed that where the language of a statute, in is ordinary meaning and grammatical construction, leads to a manifest contradiction of the apparent purpose of the enactment, or to some inconvenience or absurdity, hardship or injustice presumably not intended, a construction may be put upon it which modifies the meaning of the words and even the structure of the sentence. .....
Tag this Judgment!Court : Karnataka Gulbarga
..... we cannot hold that even before the government's approval of the order of the detaining authority, the detaining authority does not possess the power under section 21 of the general clauses act, 1899. ..... in the general clauses act, 1899, the power of revokation is always available to the authority that has made the order of detention. ..... he submits that the impugned order is vitiated, as the pre-condition prescribed under section 3(1) and (2) of the goondas act is not present in the instant case. ..... the perusal of the statement of objects and reasons of the goondas act reveals that it was enacted as the activities of certam anti-social elements like bootleggers, drug offenders, gamglers, goondas, immoral traffic offenders and slum grabbers have been causing the feeling of insecurity and alarm amongst the public. 43. ..... the petitioner is the wife of sri satish, who is detained in the central prison, bijapur pursuant to the impugned order passed by the second respondent in exercise of power conferred by section 3(1) of the karnataka prevention of dangerous activities of bootleggers, drug offenders, gamblers, goondas immoral traffic offenders and slum grabbers act,. ..... (prayer: this writ petition is filed under articles 226 and 227 of the constitution of india praying to issue a writ, direction or order in the nature of certiorari by quashing the order bearing no. ..... he has been assaulting the people with deadly weapons, commuting murders, kidnapping, committing dacoity, etc. .....
Tag this Judgment!Court : Karnataka Gulbarga
..... (6) where an inspector seizes any record, register, document or any other material object under clause (cc) of sub-section (1) of section 22, he shall, as soon as may be, inform (a judicial magistrate) and take his orders as to the custody thereof (34) offences by companies: -(1) where an offence under this act has been committed by a company, every person who at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company shall be ..... desai appearing for the state would support the order of the trial court in taking cognizance of the complaint filed by the respondent (complainant) and submits that on testing of the samples taken at a-1 industry, notice came to be issued to a-1 industry as required under sections 18 and 23 of the act calling upon it to furnish the details of the persons incharge of day to day affairs if any and on not furnishing the said information and on further enquiry/investigation complainant has noticed that its ..... proceedings could have been continued against the petitioner for the ..... the provision can be made to secure the maintenance of uniformity in standards and any other important matters in which uniformity is desirable, the central legislative assembly passed the bill and assent of the then governor-general of india was given on 10th april 1940 and thus came on the statute book drugs act, 1940. ..... district, karwar ilr 2002 karnataka 475. ..... the manufacturer, etc. .....
Tag this Judgment!Court : Karnataka Gulbarga
..... connected with, or relevant to, the dispute, to a labour court for adjudication; 10(4-a) notwithstanding anything contained in section 9-c and in this section, in the case of a dispute falling within the scope of section 2-a, the individual workman concerned may, within six months from the date of communication to him of the order of discharge, dismissal, retrenchment or termination or the date of commencement of the industrial disputes (karnataka amendment) act, 1987, whichever is later, apply, in the prescribed manner, to the labour court for adjudication of the dispute ..... ; or (b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or (bb) termination of the service of the workman as a result of the non renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or] (c) termination of the service of a workman on the ground of continued ill-health. 16. ..... the respondent had started a water supply scheme and for ensuring timely issue of the bills and collection of water charges, it needed the service ..... seriously by the house because to provide water to the general public in the summer season is very essential. ..... notice or pay in lieu thereof and compensation as per the requirement of clauses (1) and (b) of section 25f of the act. .....
Tag this Judgment!Court : Karnataka Gulbarga
..... - the provisions of the high court of karnataka rules, 1959, the rules made by the high court of karnataka under the karnataka court fees and suits valuation act, 1958, and the provisions of the code of civil procedure, 1908, shall apply, as far as may be, to proceedings under (article 226 and/or article 227) and writ appeals in respect of matters for which no specific provision is made in these rules. ..... judge was right is disposing of the writ petition finally at the stage of admission in the absence of the appellant, who was respondent no.3 in the petition, though was served with the notice contemplated by the first proviso to clause (a) of rule 13 of the writ proceedings rules, 1977 without indicating in the order, issuing notice, that the petition may be/will be heard and disposed of finally at the stage of admission? ..... the non-payment, which had to be explained by filing a statement of objections, the respondents could have instructed the learned government pleader the nature of their defence, so that, he could have placed the said plea, atleast generally, before the court. ..... application of the high court of karnataka rules, etc. ..... the petitioner's explanation regarding laches (in case of delay) is prima facie acceptable, or whether the grievance of the petitioner could be satisfied by an explanation of the respondent or whether petitioner's assertion of facts in the writ petition is patently erroneous or correct etc. .....
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..... advocate) this writ petition is filed under articles 226 & 227 of the constitution of india praying to issue a writ in the nature of certiorari or any other appropriate writ or order, quashing the impugned orders passed by the 2nd respondent in no.fcg /jajf/u a p /94/2013-14 dated 01.03.2014 and dated 07.05.2014 vide annexure-a and annexure-h respectively and direct the respondents to set the petitioner at liberty and etc. ..... the proper function of a proviso is to except and deal with a case which would otherwise fall within the general language of the main enactment, and its effect is to confine to that case. ..... the proviso is dependent on the main section; it cannot be treated as an independent enacting clause. ..... thus, viewed from any angle, the argument that the preventive detention cannot be continued for a period exceeding three months at any one time, even after obtaining the affirmative opinion of the advisory board, is unacceptable. 16 20. ..... state of andhra pradesh reported in (2012) 2 scc386 there is no need to detain him under the karnataka prevention of dangerous activities of bootleggers, drug-offenders, gamblers, goondas, immoral traffic offenders and slum-grabbers act, 1985 (hereinafter called as the goondas act ).3. ..... ashwani kumar and others reported in air2009sc186 as a general rule a proviso is added to an enactment to qualify or create an exception to what is in the enactment and ordinarily a proviso is not interpreted as stating a general rule. .....
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..... or constable) of the revenue, drugs control, excise, police or any other department of a state government as is empowered in this behalf by general or special order of the state government, if he has reason to believe from persons knowledge or information given by any person and taken down in writing that any narcotic drug or psychotropic substance or controlled substance in respect of which an offence punishable under this act has been committed or any document or other article which may furnish evidence of the commission of such offence ..... he was on the move either on patrol duty or otherwise, either by mobile phone, or other means, ad the information calls for immediate action and any delay would have resulted in the goods or evidence being removed or destroyed, it would not be feasible or practical to take down in writing the information given to him, in such a situation, he could take action as per clauses (a) to (d) of section 42(1) and thereafter, as soon as it is practical, record the information in writing and forthwith inform the same to the official superior. ..... state of haryana, (2009)8 scc 539, which has been relied upon and followed in state of karnataka vs. ..... (prayer: this criminal appeal is filed under section 374(2) of the criminal procedure code, 1973, against the judgment dated 8.1.2007 passed by the principal sessions judge, bidar in spl.cc (ndps) no.53/05 and etc.) 1. .....
Tag this Judgment!Court : Karnataka Gulbarga
..... is a statutory right of the workman under section 10(4a) of the industrial disputes act, 1947 which gives rise to dispute and not the order of appellate or revisional authority as contemplated under the regulations. ..... vilas kumar, learned counsel appearing for petitioner regarding maintainability of this writ petition since petitioner without exhausting alternate and efficacious remedy available under the regulations governing service conditions of respondent-corporation has approached this court directly by invoking extraordinary jurisdiction of this ..... a corporation servant, including a person who has ceased to be a corporation servant, may prefer an appeal against any of the orders specified in regulation 30 to the authority specified in this behalf either in the schedule or by a general or special order of the corporation or where no such authority is specified:- (i) where such corporation servant is or was a class i or ..... articles of charges were issued on 12.06.2008 - annexure-a against petitioner for certain irregularities as per regulation 19(2) of karnataka state road transport corporation servants (conduct and discipline) regulations, 1971 ..... court that the remedy by way of recourse to arbitration clause was available to the appellants and therefore the writ petition filed by appellants was liable to be dismissed is concerned, suffice it to observe that the rule of exclusion of writ jurisdiction by availability of an alternate remedy is a rule of discretion and not compulsion. .....
Tag this Judgment!Court : Karnataka Gulbarga
..... section 375 ipc, which is a special provision, the general provision, namely section 90 of the ipc was not of much assistance to the prosecution and as contended by the counsel for the appellant therein, section 375 thirdly, fourthly and fifthly, exhaustively enumerated the circumstances under which the consent given by the prosecutrix is vitiated and does not amount to consent in law, and further, that one has to look to section ..... act of sexual intercourse on a promise of marriage and continues to indulge in such activity until she becomes pregnant it is an act of promiscuity on her part and not an act ..... the appellant, the fact that the appellant was a major and that she was aged about 19 as on the date of the incident and was of reasonable mental and physical maturity in order that her parents could entrust the custody of two young children to her and leave her alone in their pursuit of labour and livelihood over several months, would indicate that she was able ..... of mind ranging widely from actual desire to reluctant acquiescence, and the issue of consent should not be left to the jury without some ..... of promise, the accused did not really entertain the intention of marrying her and the promise to marry held out by him was a mere hoax, the consent ostensibly given by the victim will be of no avail to the accused to exculpate him from the ambit of section 375 clause secondly. ..... state of karnataka, has further clarified while quoting the following thus: after referring to the case .....
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