Court : Karnataka Dharwad
..... & tours pvt. ltd., air2012supreme court 2795 and discussed in detail as to how it is not applicable to the case instituted under the act, 1948 in view of decision in j.k industries supra. in view of the above discussion, the argument of the petitioner's counsel that not arraying the company as party is fatal, is ..... dated 04.11.1997.13. state of gujarat v. afroz mohammed hasanfatta, (2019) 20 scc539(para1424), dated 05.02.2020.14. pradeep s. wodeyar v. state of karnataka, 2021 scc online sc1140para75to81, dated 29.11.2021 8. against this, learned hcgp argued that petitioner's contention is not tenable. learned magistrate has rightly taken cognizance. at ..... petitioner functions entirely from his corporate office at gurgaon, (haryana) office. there are more than 20 manufacturing units country wide and two of its units are in karnataka. one is at bidadi and the other at koppal managed by factory managers. the petitioner visits the units whenever need arises.3. it is further contended that the .....
Tag this Judgment!Court : Karnataka Dharwad
..... storied. thus, the death appears to be suspicious6. based upon the said opinion, the nhrc directed the government of karnataka to conduct investigation through cid police by addressing letter no.o.e.114 cid209dated 25.09.2009. as per the said direction issued ..... to the government of karnataka, the superintendent of police (h&b) wing entrusted the complainant sarvottam pai to visit hindalga jail, belagavi and conduct investigation. ..... the accused falls within the purview of section 27 or not of the evidence act.111. in the judgment of hon ble supreme court of india in between a. n. venkatesh vs. state of karnataka[1]. decided on 08.08.2005 it is held in para 9 of ..... the judgment as under:75. criminal appeal no.100246/2018 9. by virtue of section 8 of the evidence act, the conduct of the accused person is relevant .....
Tag this Judgment!Court : Karnataka Dharwad
..... 46 date of order:02. 06.2017 wp. nos. 65280/2011 & connected cases the karnataka lingayat education society, & othersvs. siddappa g. namba. ambit of the industrial disputes act, 1947 and their applications under section 33c(2) of the act were not even maintainable.6. he further submitted that as far as teachers were concerned, ..... :02. 06.2017 wp. nos. 65280/2011 & connected cases the karnataka lingayat education society, & othersvs. siddappa g. namba.11. section 2(s) of the act is also quoted below: 2(s) workman. workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or ..... 06.2017 wp. nos. 65280/2011 & connected cases the karnataka lingayat education society, & othersvs. siddappa g. namba. scope of definition of workman as defined under section 2(s) of the act, which envisages only workman who is working in presentia with the employer-industry.23. the moment an employer disputes the liability of the .....
Tag this Judgment!Court : Karnataka Dharwad
..... of ipc. he has to be convicted under sections 324 and 326 of ipc. as we notice accused no.1 is aged 24 years, provisions of probation of offenders act, 1958 is not applicable as the higher punishment prescribed for the offence under section 326 of ipc. in the background of incidence and considering all the circumstances, the ..... present the hon'ble mr justice h.t.narendra prasad and the hon'ble mr justice t. g. shivashankare gowda criminal appeal no.100177/2020 between state of karnataka represented by the police sub-inspector, haliyal police station, dist: uttara kannada, through the addl. state public prosecutor, advocate general office, high court of ..... karnataka, dharwad bench. ...appellant (by sri v.m.banakar, addl. spp) and mohan chandrakanth ghadi, age:27. years, occ: labour work, r/o: khamadolli village, tq: haliyal, dist: u .....
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..... the matter lies in the new unit certificate dated 19.04.2001, annexure-a issued by the joint director of industrial development of the state of karnataka, which reads thus: "government of karnataka department of industries and commerce no.idf.f2.71.bgm.sf.1 and c.99-00 office of the director khanija bhavan, race ..... a co-ordinate division bench of this court in gujarat co-operative milk marketing federation limited vs. state of karnataka ((1996) 103 stc 369), while interpreting section 18 and 18-a of the kst act, opined that the commission of statutory offence would not require proof of mens rea as an essential ingredient and ..... , revision or even writ jurisdiction under article 226 of the constitution. assessing authorities exercising the statutory powers of imposing penalties would therefore do well to act fairly and objectively and let not their exuberance in collection of taxes overtake their onerous obligation of discharging their statutory powers along judicial lines. ample support .....
Tag this Judgment!Court : Karnataka Dharwad
..... the light of inhibition found under section 9 of cpc. reliance is placed upon the relevant statute namely, the karnataka scheduled castes, scheduled tribes and other backward classes (reservation of appointments, etc.) act, 1990.10. except the self serving statement of the plaintiff that she belongs to hindu hagagar caste, there is ..... error in rectifying the caste of the 1st respondent in spite of there being a specific prohibition under karnataka scheduled caste and scheduled tribe and other backward classes (reservation of appointments, etc) act, 1990 and thus, the judgments are illegal and perverse?. 7. heard the learned government advocate on merits ..... chinnappa javalgi is not of any help, in the light of subsequent amendments to the above act. a specific mechanism is provided under the karnataka scheduled castes, scheduled tribes and other backward classes (reservation of appointments etc.) act, 1990. hence, civil court s jurisdiction is impliedly barred, more particularly, in the light .....
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..... p.no.9300/2020. this court in an identical case while dealing with the acquisition under the karnataka industrial areas development act, 1966 has dealt with the provisions of section 4 of the karnataka land (restriction on transfer) act, 1991. the co-ordinate bench of this court was of the view that even if there ..... notification way back in 2007 but have not concluded the acquisition proceedings by issuing a final declaration as contemplated under section 19 of the karnataka urban development authorities act, 1987. therefore, though respondents have proposed to acquire the petition land to come up with a residential layout, the records would clearly ..... acquisition. though preliminary notification is of the year 2007, there is absolutely no progress in issuance of final notification under section 19 of the karnataka urban development authorities act, 1987. the petitioner also claims that since the respondent no.2 has failed to issue final notification within the reasonable time, the impugned .....
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..... an already pending dispute vide kid no.2/2006, whereby the learned industrial tribunal, while keeping the aforesaid serial applications filed under section 33(2)(b) of the industrial disputes act, 1947(for short, the act ) read with rule 61(2) of the industrial disputes (karnataka rules) 1957, as pending, itself suo-motu raised a preliminary issue ..... serial applications filed under section 33(1)(b) of the act. instead of doing that, the learned industrial tribunal chose to pass the impugned interlocutory order, which is absolutely off the mark and beyond the scope of section 33(1) (b ..... decided the same against the management. the impugned order thus is found to be baseless and foundationless.19. the learned industrial tribunal under the provisions of section 33(1)(b) of the act was required to either approve or not to approve the dismissal orders passed by the competent authority, while deciding the .....
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..... liable to be quashed. he submits that the enquiry and investigation held by the upa-lokayukta is contrary to the provisions of section 9 of the karnataka lokayukta act, 1984 and it suffers from non-application of mind and therefore, it is vitiated and he also submitted that there is no notification issued under ..... colony, near maruthi temple mantur road,mudhol, bagalkot district. petitioners (by sri vijaykumar, b.b. bajantri & j.a. pattar, advocates) and1 the state of karnataka represented by its principal secretary rural development and panchayat raj department vikas soudha bangalore-560 001 2. the inspector general of police, anti corrupation bureau, khanija bhavan, ..... should not be entertained. he further submitted that by notification dated 21.4.2016, the government of karnataka had issued notification in exercise of the power conferred under section 17(c) of the pc act authorizing all the inspectors of police of acb to register cases and hold investigation and therefore, there is .....
Tag this Judgment!Court : Karnataka Dharwad
..... liable to be quashed. he submits that the enquiry and investigation held by the upa-lokayukta is contrary to the provisions of section 9 of the karnataka lokayukta act, 1984 and it suffers from non-application of mind and therefore, it is vitiated and he also submitted that there is no notification issued under ..... colony, near maruthi temple mantur road,mudhol, bagalkot district. petitioners (by sri vijaykumar, b.b. bajantri & j.a. pattar, advocates) and1 the state of karnataka represented by its principal secretary rural development and panchayat raj department vikas soudha bangalore-560 001 2. the inspector general of police, anti corrupation bureau, khanija bhavan, ..... should not be entertained. he further submitted that by notification dated 21.4.2016, the government of karnataka had issued notification in exercise of the power conferred under section 17(c) of the pc act authorizing all the inspectors of police of acb to register cases and hold investigation and therefore, there is .....
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