Court : Karnataka
..... is also relevant to note that sub-section(3) of section 34 of the act of 1959 excludes the operation of - 14 - section 34 of the act of 1959 on the persons employed in railways as defined in article 366 of the constitution and mines and ..... the impugned clause no.v issued by the 3rd respondent, prohibited the salary drawing and disbursing officers from deducting the amount due to the co-operative bank, from the salary of the employee even if the employee is consenting ..... on for pronouncement this day, the court pronounced the following: - 4 - order1 the petitioner is a co-operative bank established by the employees of the accountant general's office and the bank is registered under the karnataka co-operative societies act, 1959 (for short 'the act of 1959').2. ..... principal accountant general (g and ssa) karnataka, bengaluru, c-block, audit bhavan, devaraj urs road, bengaluru - 560 001, represented by senior deputy accountant general (admn), smt ..... accountant general (e and rsa), karnataka, bengaluru, c-block, audit bhavan, devaraj urs road, bengaluru - 560 001, represented by deputy accountant general (admn) sri kushal ..... principal accountant general (a and e) karnataka bengaluru, park house road, bengaluru - 560 001, represented by deputy accountant general (admn) smt priyanka ..... r in the high court of karnataka at bengaluru dated this the19h day of march, 2024 before the hon'ble mr justice anant ramanath hegde writ petition no.4273 of2020(cs-res) between: the accountant general's office .....
Tag this Judgment!Court : Karnataka Dharwad
..... supra) held that, the effect of ranjit singh (supra), would be that, in less serious offences trial by the magistrate, the said court would have the power to proceed against those who are mentioned in column no.2 of the charge sheet, if on the basis of material on record, the magistrate disagrees with the conclusion reached by the police, but as per as serious offences triable by the ..... are applied to the present facts of the case, after filing initial charge sheet in the year 2002, it was informed by the maharashtra police by flashing a message to the karnataka police stating that, the appellant who was arrested by the maharashtra police, on interrogation, he has confessed about the commission of murder by him of the deceased mla and thereafter, ..... no.4 as absconding and subsequently, accused no.6 based upon the information flashed by maharashtra police stating that, this accused no.6 was arrested under the provisions of mcoc act and he has given his statement confessing about murdering deceased mla and thereafter, he was brought by karnataka police and based upon that, after fresh investigation the charge-sheet was filed against the accused no.6. ..... he submits that, this section never prohibited further investigation in respect of an ..... directed to this witness but on reading the method of examination of the articles being examined by him, it shows that the assailant must have used the said article no.7-revolver in committing the offence, which was seized at the instance of ..... analysis .....
Tag this Judgment!Court : Karnataka
..... police station for offences punishable under section 498a of the ipc r/w sections 3 and 4 of the dowry prohibition act. ..... undergo the medical examination, for ascertainment of the existence of the mental disorder or even for ascertainment of the extent or degree of the mental disorder, as in both the proceedings pending under section 125 of criminal procedure code and sections 12 and 13 of the hindu marriage act, the petitioner-wife has ably demonstrated that she is a lady of sound mind, having 21 complete knowledge and control of the delicacies of the life and she could not even be ..... . dharmpal has taken into consideration the legal right of the spouse for securing divorce under section 13(1)(iii) of the hindu marriage act, 1955, wherein the court has also affirmed the action of the court in subjecting the spouse to undergo the medical examination, (while also analyzing the provisions of the mental health act, 1987), however, the supreme court has also laid down that this power has to be exercised in relation to ..... 03.2024 in the high court of karnataka at bengaluru dated this the12h day of march, 2024 before the hon'ble ..... a party to a civil litigation, it is axiomatic, is not entitled to constitutional protections under article 20 of the constitution of india ..... such an order would not be in violation of article 21 of the constitution of india. ..... of such an order by the court would not be in violation of the right to personal liberty under article 21 of the indian constitution.3. .....
Tag this Judgment!Court : Karnataka
..... of any political activity; or (b) for the harbouring of any person accused or convicted of an offence under any law for the time being in force; or 26 (c) for the storing of any arms or ammunition; or (d) for keeping any goods or articles in contravention of law for the time being in force; or (e) for erecting or putting up of any construction or fortification, including basements, bunkers, towers or walls without a valid licence or permission under any law for the time being in force ..... (ii) section 3 of the statute prohibits use of any religious institution or its premises for promotion of political activity, harboring of any accused/convict or for storing arms & ammunitions; it also bars commission of any unlawful or subversive acts or any act which promotes disharmony, hatred, enmity or ill-will between communities/groups of ..... in shorter oxford english dictionary it has been mentioned that in law presume means to take as proved until evidence to the contrary is forthcoming , stroud's legal dictionary has quoted in this context a certain judgment according to which a presumption is a probable consequence drawn from facts (either certain ..... state of karnataka by chitradurga rural police station chitradurga pin 577 502 (represented by state public prosecutor high court of karnataka bengaluru 560 001. 2 ..... on analysis of the above discussion, it can safely be concluded that presuming is an expression of relevancy and places some weightage on the consideration of the record before .....
Tag this Judgment!Court : Karnataka
..... of any political activity; or (b) for the harbouring of any person accused or convicted of an offence under any law for the time being in force; or 26 (c) for the storing of any arms or ammunition; or (d) for keeping any goods or articles in contravention of law for the time being in force; or (e) for erecting or putting up of any construction or fortification, including basements, bunkers, towers or walls without a valid licence or permission under any law for the time being in force ..... (ii) section 3 of the statute prohibits use of any religious institution or its premises for promotion of political activity, harboring of any accused/convict or for storing arms & ammunitions; it also bars commission of any unlawful or subversive acts or any act which promotes disharmony, hatred, enmity or ill-will between communities/groups of ..... in shorter oxford english dictionary it has been mentioned that in law presume means to take as proved until evidence to the contrary is forthcoming , stroud's legal dictionary has quoted in this context a certain judgment according to which a presumption is a probable consequence drawn from facts (either certain ..... state of karnataka by chitradurga rural police station chitradurga pin 577 502 (represented by state public prosecutor high court of karnataka bengaluru 560 001. 2 ..... on analysis of the above discussion, it can safely be concluded that presuming is an expression of relevancy and places some weightage on the consideration of the record before .....
Tag this Judgment!Court : Karnataka
..... section 118 of the act of 1959, specifically prohibits the jurisdiction of the civil court in respect of the matters covered under section 70 of the act ..... since, the claim of the petitioner is not decided on merits and the writ petition is dismissed on the premise that the registrar under section 70 of the act of 1959 had no jurisdiction to entertain the petition, the 6th respondent is also precluded from claiming any equity, on the premise that he has constructed a building in the disputed property during ..... whether the disputes mentioned in section 70 (2) (a) to (e) are exhaustive need to be gone into in this case, as the petitioner does not cross the hurdle in section 70 (1) of the act of 1959.29. ..... the said finding by the respondent-purchaser, same is set-aside in exercise of jurisdiction under article 226 of the constitution of india as the tribunal could not have upheld the finding of the registrar on the legality of the act of respondent-society in cancelling the lease cum sale deed in favour of the petitioner. ..... a/w sri a sampath, advocate for r6, sri sidharth babu rao, aga for r7) this writ petition is filed under articles226and227of the constitution of india praying to quash the order passed by the hon'ble karnataka appellate tribunal, bangalore on0804.2013 in appeal no.361/2010 on its file at annx-a. ..... (d) section 70 (1) of the act of 1959, exhaustively mention as to the persons who are subjected to the jurisdiction of the registrar in a dispute under section 70 of the act .....
Tag this Judgment!Court : Karnataka
..... manoharparrikar [(2010) 11 scc374, a two- judge bench of this court has sought to distinguish the above mentioned judgments and taken the view that in case there is non- compliance with the business rules framed under article 166(3) of the constitution, the notification issued in violation of the business rules is void abinitio and all actions consequent thereto are null and void ..... . state of karnataka, reported in 2002 scc online kar 335, wherein the very question that fell for consideration before the co-ordinate bench was that- whether an application under section 19 of the kat act is maintainable for setting aside the earlier order passed by the kat in another application without recourse to review provided under regulation 3(b) of the kat (review applications) regulation, 1994 or by seeking special leave to appeals before ..... . the writ of certiorari and the writs of habeas corpus, mandamus, prohibition and quo warranto were known in english common law as prerogative writs ..... the ambit of certiorari and prohibition was not limited to the supervision of functions that would ordinarily be regarded as strictly judicial, and in the nineteenth century the writs came to be used to control the exercise of certain administrative functions by local and central government authorities which did not necessarily act under judicial forms37 ..... . the different functions of the prerogative writs of prohibition, certiorari and mandamus have been thus described in halsbury's laws of england, fourth .....
Tag this Judgment!Court : Supreme Court of India
..... (emphasis supplied) similarly, justice hargrave also observed as follows: these numerous modern authorities clearly establish that the old common law prohibition against bribery has been long since extended beyond mere judicial officers acting under oaths of office, to all persons whatever holding offices of public trust and confidence; and it seems impossible to understand why members of our legislative assembly and legislative council, who are entrusted with the ..... mentioned earlier, under section 33 of the act the nomination paper has to be presented to the returning officer between the hours of eleven o'clock in the forenoon and three o'clock in the afternoon before the last day notified for making nominations under section 30 of the act. ..... the high court, in its analysis, held that since article 194(2) is pari materia to article 105(2), the law laid down in pv narasimha rao (supra) covers the ..... relying on special reference no.1 of 1964 (supra) and state of karnataka (supra) a constitution bench of this court in raja ram pal (supra) held that the court has the authority and jurisdiction to examine if a privilege asserted by the house (or even a member by extension) in fact accrues under ..... rule 85 of the conduct of elections rules, 1961 provides that as soon as may be after a candidate has been declared to be elected, the returning officer shall grant to such candidate a certificate of election in form 24 and obtain from the candidate an acknowledgment of its receipt duly signed .....
Tag this Judgment!Court : Karnataka
..... sri p anand, advocate for c/r5 and r6) this writ petition is filed under articles226and227of the constitution of india praying to quash the order dtd1304.2023 passed in appeal no.212/2022 passed by the hon'ble karnataka appellate tribunal at bengaluru vide annx-h and consequently confirm the dismissal order of th r-1 passed in the dispute jrm/dds/1562/2019-20 against r-5 on2607.2022 vide annx-f to wp. ..... in a dispute raised under section 70 of the karnataka co-operative societies act, 1959 (for short 'the act of 1959'), the 5th respondent urged that the petitioner was not a member of the 4th respondent society which she claimed to have represented when she contested ..... senior counsel appearing for the petitioner, and sri.d.r.ravishakar, the learned senior counsel appearing for the 4th respondent primary society, supporting the petitioner urged that the dispute under section 70 of the act of 1959 by the 5th respondent questioning the eligibility of the petitioner to represent the 4th respondent primary society is not tenable. ..... would further urge that the disqualification of the petitioner being automatic in view of the mandate under section 17(1)(f) read with section 17(2) of the act of 1959, the petitioner could not have been appointed as a delegate of the 4th respondent primary ..... it is also urged by sri rajgopal, that in view of bye- law no.38(10), which prohibits a member of the society to be a member of the board if such member was employee of the society three years before .....
Tag this Judgment!Court : Karnataka
..... learned counsel for the appellant referring these judgments and hindu womens rights to property act, 1937 and section 9 of the karnataka hindu law women s rights act, 1933, would vehemently contend that the very approach of the trial court and the first appellate court is erroneous and it requires interference at the hands of ..... law on the other hand was that she could make an adoption unless she was expressly prohibited from doing so, there was no express prohibition in taking adoption of defendant no.1, who is none other than the son of brother of ..... i have already pointed out that in the document of ex.d2, it is specifically mentioned with regard to the fact that authority was given to nanjamma and it is also stated that even prior to execution of document, formalities were done and the same is also spoken by p.w.1 ..... , on 29.02.1956 itself, wherein she has mentioned that defendant no.1 is her adopted son and documents are produced before the court to that effect as exs ..... except sy.no.95, all other properties mentioned above were ancestral properties which late karigowda @ kariyappa delivered to his share after separation from the brothers puttaswamy gowda ..... the fact that no mention of authority was made in the deed, therefore would not go to rebut ..... the fact that no mention of authority was made in the deed, therefore would not go to ..... of the substantial questions of law framed by this court and the material available on record, this court would like to make a mention of undisputed facts. .....
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