Court : Karnataka
Reported in : AIR2001Kant442; ILR2001KAR3870
..... (b) subject to the provisions of sections 39 and 80 of the karnataka land reforms act, 1961 (karnataka act 10 of 1962), whenever a fragment is proposed to be sold, the owner thereof shall sell it to the owner of a contiguous survey number or recognised sub-division of a survey number (hereinafter referred to as the contiguous owner). ..... inother words, when they want to 'fix the date of performance' in the 'agreement of sale' without reference to a 'calendar date', the agreement must mention the nature and description of future event, which according to the knowledge of the parties or 'common knowledge' is 'certain to happen'. ..... shamanna gounda and others, for the proposition that the words 'date fixed' occurring in article 54, has reference to not merely 'calendar dates' but also 'dates with reference to an event certain to happen'. ..... though, the argument at the first sight is attractive, but on a careful analysis, the same is liable to be rejected, for the reasons to be found herein below.13. ..... besides, it is also necessary to note, the fragmentation act did nottotally prohibit 'sales'. ..... the said act which was in force during the time when the agreement was executed, prohibited the sale of any 'fragment', except with the permission of the tahsildar or the owner of the contiguous land of the same survey number. ..... fragmentation prohibited. ..... but there was no total prohibition. .....
Tag this Judgment!Court : Supreme Court of India
..... reform) act, 1956; section 18, karnataka habitual offenders act, 1961; section 18, kerala habitual offenders act, 1960; section 12, orissa restriction of habitual offenders act, 1952; section 14, rajasthan habitual offenders act, 1953 302 section 6, andhra pradesh habitual offenders act, 1962; section 6, goa, daman and diu habitual offenders act, 1976; section 6, gujarat habitual offenders act, 1959; section 6, bombay habitual offenders act, 1959; section 6, himachal pradesh habitual offenders act, 1969; section 9, jammu and kashmir habitual offenders (control and reform) act, 1956; section 6, karnataka habitual offenders act, 1961; section 6, kerala habitual offenders act, 1960; section 4, rajasthan habitual ..... advocated for such a provision for decades.52 not only does article 15(2) prohibit the state from discriminating, it also restricts the citizens or private entities from discriminating against other citizens on the grounds mentioned therein ..... reliefs and remedies that facilitate social redistribution by providing for positive entitlements that aim to negate the scope of future harm therefore, an analysis of discrimination, with a view towards its systemic manifestations (direct and indirect), would be best suited for achieving our constitutional vision of equality and antidiscrimination ..... [i].n order to conceptualize substantive equality, it would be apposite to conduct a systemic analysis of discrimination that combines tools of direct and indirect discrimination , and not .....
Tag this Judgment!Court : Supreme Court of India
..... , 2021, in the case of the assessee; or (iii) the assessing officer is satisfied, with the prior approval of the principal commissioner or commissioner, that any money, bullion, jewellery or other valuable article or thing, seized or requisitioned under section 132 or section 132a in case of any other person on or after the 1st day of april, 2021, belongs to the assessee; or (iv) the assessing officer is satisfied, with the prior approval of principal commissioner ..... anything contained in this act or in some particular provision in the act or in some particular act or in any law for the time being in force, or in any contract is more often than not appended to a section in the beginning with a view to give the enacting part of the section in case of conflict an overriding effect over the provision of the act or the contract mentioned in the non obstante clause ..... . the learned judge further observed that in exercising its jurisdiction under article 142, this court will take note of the express prohibitions in any substantive statutory provision based on some fundamental principles of public policy and regulate the ..... the ingredients of the proviso could be broken down for analysis as follows: (i) no notice under section 148 of the new regime can be issued at any time for an assessment year beginning on or before 1 april 2021; (ii) if it is barred at the time when the notice is sought to be issued ..... the income tax act 1961 also mandates assessing officers to fulfil certain ..... karnataka .....
Tag this Judgment!Court : Karnataka
..... supra the hon'ble chief justice of the karnataka high court by order dated 12.01.2021 constituted a bench to consider the reference made by the single judge of that court under the provisions of protection of children from sexual offences act, 2012 ( pocso act ) and under section 164 and other provisions of the code of criminal ..... sheet on 25-10- 2022 for offences punishable under sections 376(2)(n), 376(da), 376(3), 201, 202, 506 r/w 34 and 37 of the ipc, sections 17, 5(l), and 6 of the protection of children from sexual offences act, 2012 ( pocso act for short), sections 3(f) and 7 of the religious institution prevention of misuse act, 1988, section 75 of the 4 juvenile justice (care and protection of children) act, 2015 and section 3(1)(w)(i)(ii), 3(2)(v)(v-a) of the sc/st act, 1989. ..... the petitioner is seeking reliefs as under: b) the unilateral decision of the learned trial court to exhibit the statements of the witnesses recorded under section 164 of the criminal procedure code, 1973 without they being spoken about in the testification by the witnesses before the court while recording their evidence, may ..... roy, learned counsel appearing for the state, submitted before this court that there is no bar to exhibit a statement recorded under section 164 of the code of criminal procedure without the examination of the concerned magistrate recorded the same and such statement may be ..... at the same time, i must mention here that the said statements cannot be read in evidence as .....
Tag this Judgment!Court : Karnataka Dharwad
..... a subsequent purchaser when his vendor was not having any right and had suffered a decree, if he conveys any right interest in favour of the present petitioner and the same is also subject to lis pendens section 52 of tp act and hence, i do not find any error committed by the trial court in dismissing the application and no need of adjudicatory process in view of factual admitted facts available on record.23. ..... under order 21 rule 97 and 103 and held that order passed in such proceedings must be treated as a decree against which only an appeal lay to the appellate court, and a revision application, therefore in the light of clear prohibition contained in section 115(2) would not be maintainable and 9 air2003kar17410 (2006) 4 scc412- 15 - nc:2024. ..... abdul rab and others3wherein also the hon ble apex court while dealing with whether court had passed a decree against which appeal would lie under cpc and therefore, petition under article 227 not maintainable 2 slp (c) nos.12601-12602/2017 disposed of on 24.08.2023 3 (2015) 1 scc379- 9 - nc:2024. ..... rangaswamy and others9 wherein discussion was made wth regard to section 96 of cpc, order 21 rules 97, 98 and 103 of karnataka civil rules of practice, 1967 and rule 5(b) adjudication of application of an objector under rule 98 of order 21 of cpc tantamount to a decree and held that the appeal filed thereon is an appeal under order 21 rule 103 ..... the adjudication mentioned therein need not necessarily involve a detailed enquiry or collection of .....
Tag this Judgment!Court : Karnataka
..... anjaria) in the present appeal under section 4 of the karnataka high court act, 1961, the appellant-karnataka power transmission corporation limited has challenged judgment and order dated 21st march 2023 of learned single judge, whereby the writ petition filed by the respondent-petitioners, five ..... rajagopal, senior advocate a/w sri narasimharaju, advocate for respondent nos.6 &7) --- this writ appeal is filed under section4of the karnataka high court act, 1961, praying to allow the writ appeal and set aside the final order dated2103/2023, passed by the learned single judge ..... directors at its 132nd meeting dated 4th august 2022, the board considered the issue of clarification in respect of giving promotion to the junior engineer (electrical) under regulation 12b(i) of karnataka electricity board recruitment and promotion (amendment and regulations) 2020, employees probation regulation and employees seniority regulation. ..... of the karnataka electricity board employees seniority regulations which are framed in exercise of powers under section 79c of the electricity (supply) act, 1948. ..... electrical), tumukuru and hassan circles respectively, to consider the case of the petitioners for promotion to the post of junior engineer and to promote them on the post as per the karnataka electricity board recruitment and promotion (amendment and regulations) 2020 and circular dated 12th june 2020.-. ..... mechanic grade-ii the karnataka power transmission corporation limited tlm section, sira tumkur - .....
Tag this Judgment!Court : Karnataka
..... has been blamed for this inaction to rectify the anomalies that would abound, and the absurdities which occur as a reason of the drastic fall in the value of the money mentioned in a provision such as prescription of a fine which when enacted decades ago would have been a deterrent, but has now become so insignificant that it serves no purpose.71 ..... till such amendment is made by the central government in exercise of power vested under sub-section (3) of section 163-a of the 1988 act or amendment is made by parliament, we hold and direct that for children up to the age of 5 years shall be entitled for a fixed compensation of rs 1,00,000 (rupees one lakh) and persons more than 5 years of age ..... khc:38401 mfa no.11440 of 2011 c/w mfa no.206 of 2018 in the high court of karnataka at bengaluru dated this the12h day of september, 2024 before the hon'ble mr justice n s sanjay gowda miscellaneous first appeal no.11440 of2011c/w miscellaneous first appeal no.206 of2018in ..... in fact, this provision exists in the newly enacted bharatiya nagarik suraksha sanhita, 2023 under section 144, which, by itself, indicates that it has been the intent of the law of our land all along that every parent is required to be maintained by his children if he ..... justification for payment of a lesser compensation to a minor victim in a motor vehicle accident would not only be legally flawed and constitutionally impermissible, but would also run afoul of the guarantee conferred under article 14 of our constitution.37. .....
Tag this Judgment!Court : Karnataka
..... has been blamed for this inaction to rectify the anomalies that would abound, and the absurdities which occur as a reason of the drastic fall in the value of the money mentioned in a provision such as prescription of a fine which when enacted decades ago would have been a deterrent, but has now become so insignificant that it serves no purpose.71 ..... till such amendment is made by the central government in exercise of power vested under sub-section (3) of section 163-a of the 1988 act or amendment is made by parliament, we hold and direct that for children up to the age of 5 years shall be entitled for a fixed compensation of rs 1,00,000 (rupees one lakh) and persons more than 5 years of age ..... khc:38401 mfa no.11440 of 2011 c/w mfa no.206 of 2018 in the high court of karnataka at bengaluru dated this the12h day of september, 2024 before the hon'ble mr justice n s sanjay gowda miscellaneous first appeal no.11440 of2011c/w miscellaneous first appeal no.206 of2018in ..... in fact, this provision exists in the newly enacted bharatiya nagarik suraksha sanhita, 2023 under section 144, which, by itself, indicates that it has been the intent of the law of our land all along that every parent is required to be maintained by his children if he ..... justification for payment of a lesser compensation to a minor victim in a motor vehicle accident would not only be legally flawed and constitutionally impermissible, but would also run afoul of the guarantee conferred under article 14 of our constitution.37. .....
Tag this Judgment!Court : Karnataka
..... simple reading of the aforesaid provisions, as also stated earlier, reveals that when any contraband/narcotic substance is seized and forwarded to the police or to the officer so mentioned under section 53, the officer so referred to in sub-section (1) shall prepare its inventory with details and the description of the seized substance like quality, quantity, mode of packing, numbering and identifying marks and then make an application ..... the secretary of the home department shall forthwith issue a circular notifying all the empowered officers who are empowered to conduct search and seize contraband substances to mandatorily follow sections 50 and 52a of the act and their interpretation by the apex court in ranjan kumar chadha supra in letter and spirit, failing which, it should be indicated - 30 - nc:2024. ..... (7) that an illicit article seized from the person of an accused during search conducted in violation of the safeguards provided in section 50 of the act cannot be used as evidence of proof of unlawful possession of the contraband on the accused though any other material recovered during that search may be relied upon by the prosecution, in other ..... analysis, i deem it appropriate to exercise my jurisdiction under section ..... serious doubt about the correctness of samples sent for analysis as to whether they were actually the samples of ..... khc:37322 crl.p no.11994 of 2023 in the high court of karnataka at bengaluru r dated this the10h day of september, 2024 before the hon'ble .....
Tag this Judgment!Court : Supreme Court of India
..... . the high court specifically observed that once a document has been put in the course of transmission by the general officer commanding, andhra pradesh, tamil nadu, karnataka and kerala area, the same could not be changed/altered or modified except after recording that there was a mistake, which needs correction ..... . in these orders, the prerequisites of bringing the appointment of an officer equivalent or junior to the rank of the respondent was not mentioned, therefore, the high court has taken the correct view in the matter by referring to charanjit singh gill (supra).7 ..... bala, learned senior advocate for the appellant/union of india has argued that there is no blanket prohibition on appointing an officer of lower rank than the charged officer to serve as judge advocate in a court martial. ..... . in the above circumstances, it is quite apparent that the reason for culling out exception as held permissible by this court in charanjit singh gill (supra), was not mentioned in the document while the same was dispatched by the issuing authority and supplied to the respondent ..... consequently, the first charge against him was under section 57(c) of the army act for knowingly and with intent to defraud altering a document/remarks in the afmsf-7. ..... the high court allowed the writ petition preferred by the respondent solely on the ground that an officer junior to the respondent has acted as judge advocate in the gcm contrary to the law laid down by this court in union of india & anr. vs. .....
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