Court : Karnataka
Decided on : Dec-15-2023
- 1 - NC:2023. KHC:45982 WP No.44252 of 2015 C/W WP No.48639 of 2015 WP No.48640 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE15H DAY OF DECEMBER, 2023 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ R WRIT PETITION No.44252 OF2015(LB-BMP) C/W WRIT PETITION No.48639 OF2015LB-BMP) WRIT PETITION No.48640 OF2015LB-BMP) IN W.P. NO.44252/2015 BETWEEN: VASUNDHARA A.G.K. D/O LATE KRISHNAPPA A G AGED ABOUT45YEARS R/AT PROPREITRIX OF SYNERGY COMPUTER EDUCATION NO.1660 , 16TH MAIN, 18TH CROSS VIJAYNAGAR BANGALORE-40 ...PETITIONER (BY SRI. JAYAKUMAR S. PATIL., SENIOR COUNSEL FOR SRI. A. MAHAMMED TAHIR., ADVOCATE) AND: THE BRUHATH BANGALORE MAHANAGARA PALIKE N.R. SQUARE, BANGALORE REPRESENED BY ITS COMMISSIONER. RESPONDENT (BY SRI. B.V. KRISHNA., ADVOCATE ON BEHALF OF SRI. S.N. PRASHANTH CHANDRA., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING ORDER No.- 2 - NC:2023. KHC:4598...
Tag this Judgment!Court : Karnataka
Decided on : Dec-15-2023
- 1 - NC:2023. KHC:45982 WP No.44252 of 2015 C/W WP No.48639 of 2015 WP No.48640 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE15H DAY OF DECEMBER, 2023 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ R WRIT PETITION No.44252 OF2015(LB-BMP) C/W WRIT PETITION No.48639 OF2015LB-BMP) WRIT PETITION No.48640 OF2015LB-BMP) IN W.P. NO.44252/2015 BETWEEN: VASUNDHARA A.G.K. D/O LATE KRISHNAPPA A G AGED ABOUT45YEARS R/AT PROPREITRIX OF SYNERGY COMPUTER EDUCATION NO.1660 , 16TH MAIN, 18TH CROSS VIJAYNAGAR BANGALORE-40 ...PETITIONER (BY SRI. JAYAKUMAR S. PATIL., SENIOR COUNSEL FOR SRI. A. MAHAMMED TAHIR., ADVOCATE) AND: THE BRUHATH BANGALORE MAHANAGARA PALIKE N.R. SQUARE, BANGALORE REPRESENED BY ITS COMMISSIONER. RESPONDENT (BY SRI. B.V. KRISHNA., ADVOCATE ON BEHALF OF SRI. S.N. PRASHANTH CHANDRA., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING ORDER No.- 2 - NC:2023. KHC:4598...
Tag this Judgment!Court : Karnataka
Decided on : Dec-15-2023
- 1 - NC:2023. KHC:45982 WP No.44252 of 2015 C/W WP No.48639 of 2015 WP No.48640 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE15H DAY OF DECEMBER, 2023 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ R WRIT PETITION No.44252 OF2015(LB-BMP) C/W WRIT PETITION No.48639 OF2015LB-BMP) WRIT PETITION No.48640 OF2015LB-BMP) IN W.P. NO.44252/2015 BETWEEN: VASUNDHARA A.G.K. D/O LATE KRISHNAPPA A G AGED ABOUT45YEARS R/AT PROPREITRIX OF SYNERGY COMPUTER EDUCATION NO.1660 , 16TH MAIN, 18TH CROSS VIJAYNAGAR BANGALORE-40 ...PETITIONER (BY SRI. JAYAKUMAR S. PATIL., SENIOR COUNSEL FOR SRI. A. MAHAMMED TAHIR., ADVOCATE) AND: THE BRUHATH BANGALORE MAHANAGARA PALIKE N.R. SQUARE, BANGALORE REPRESENED BY ITS COMMISSIONER. RESPONDENT (BY SRI. B.V. KRISHNA., ADVOCATE ON BEHALF OF SRI. S.N. PRASHANTH CHANDRA., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES226AND227OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING ORDER No.- 2 - NC:2023. KHC:4598...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-14-2023
..... larger context of the companies act, 1956 or the pari materia provisions (section 72, companies act, 2013) in support of their respective stand. having perused the scheme behind the companies act, 1956 and the companies (amendment) act, 1999 that also introduced s. 109a & s. 109b of the companies act, 1956, the relevant extracts are reproduced as follows: page 23 of 43 .2. (b) to provide for nomination facility to the holders of shares, debentures and fixed deposit holders; ..3. the corporate sector is going through ..... companies act39 the appellants also contend that a nomination validly made under s. 109a of the companies act, 1956 and bye-law 9.11 of the depositories act, 1996 constitutes a statutory testament that overrides testamentary/intestate succession. it is worth noting that the argument of nomination as a statutory testament in respect of instruments such as life insurance policies, government savings certificates, provident fund etc. were considered and emphatically rejected by this court in multiple ..... declared that the view in kokate (supra) generates inconsistencies as it renders a nomination under the companies act the status of a superwill that is bereft of the rigour applicable to a will for its making or the test of its validity under the indian succession act, 1925. according to the ruling, s. 109a & s. 109b of the companies act, 1956 and the bye-law 9.11 of the depositories act, 1996 does not displace the law of succession nor does it stipulate a third line .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-14-2023
- 1 - NC:2023. KHC:47176 MFA No.5674 of 2017 C/W MFA.CROB No.2 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE14H DAY OF DECEMBER, 2023 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL No.5674 OF2017(MV-D) C/W MFA CROSS OBJECTION No.2 OF2019(MV-D) IN MFA No.5674/2017 BETWEEN: KARNATAKA STATE ROAD TRANSPORT CORPORATION, MANDYA DIVISION, MANDYA BY ITS DIVISIONAL CONTROLLER, REPRESENTED BY ITS THE MANAGING DIRECTOR. APPELLANT (BY SRI. P.B. RAJU, ADVOCATE FOR SMT. H.R. RENUKA, ADVOCATE) AND:1. CHIKKAIAH, W/O LATE MAYIGAIAH, AGED ABOUT66YEARS, 2. CHIKKATHYAMMA, W/O CHIKKAIAH, AGED ABOUT61YEARS, R/O MADAPURA DODDI NIDAGATTA POST, ATHAGURU HOBLI, MADDUR TALUK, MANDYA DISTRICT - 571 428. RESPONDENTS (BY SRI. RITHISH D. NAIK, ADVOCATE FOR SRI. T.P. VIVEKANANDA, ADVOCATE FOR R1 AND R2) - 2 - NC:2023. KHC:47176 MFA No.5674 of 2017 C/W MFA.CROB No.2 of 2019 THIS MFA IS FILED U/S1731) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED2004.2017 PASSED IN ...
Tag this Judgment!Court : Karnataka
Decided on : Dec-14-2023
- 1 - NC:2023. KHC:47176 MFA No.5674 of 2017 C/W MFA.CROB No.2 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE14H DAY OF DECEMBER, 2023 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL No.5674 OF2017(MV-D) C/W MFA CROSS OBJECTION No.2 OF2019(MV-D) IN MFA No.5674/2017 BETWEEN: KARNATAKA STATE ROAD TRANSPORT CORPORATION, MANDYA DIVISION, MANDYA BY ITS DIVISIONAL CONTROLLER, REPRESENTED BY ITS THE MANAGING DIRECTOR. APPELLANT (BY SRI. P.B. RAJU, ADVOCATE FOR SMT. H.R. RENUKA, ADVOCATE) AND:1. CHIKKAIAH, W/O LATE MAYIGAIAH, AGED ABOUT66YEARS, 2. CHIKKATHYAMMA, W/O CHIKKAIAH, AGED ABOUT61YEARS, R/O MADAPURA DODDI NIDAGATTA POST, ATHAGURU HOBLI, MADDUR TALUK, MANDYA DISTRICT - 571 428. RESPONDENTS (BY SRI. RITHISH D. NAIK, ADVOCATE FOR SRI. T.P. VIVEKANANDA, ADVOCATE FOR R1 AND R2) - 2 - NC:2023. KHC:47176 MFA No.5674 of 2017 C/W MFA.CROB No.2 of 2019 THIS MFA IS FILED U/S1731) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED2004.2017 PASSED IN ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-13-2023
Reportable 2023 INSC1066IN THE SUPREME COURT OF INDIA INHERENT/ CIVIL ORIGINAL JURISDICTION Curative Petition (C) No.44 of 2023 in Review Petition (C) No.704 of 2021 in Civil Appeal No.1599 of 2020 IN RE: INTERPLAY BETWEEN ARBITRATION AGREEMENTS UNDER THE ARBITRATION AND CONCILIATION ACT1996AND THE INDIAN STAMP ACT1899And With Arbitration Petition No.25 of 2023 1 JUDGMENT Dr Dhananjaya Y Chandrachud, CJI A. Reference .................................................................................................................. 5 B. Submissions ........................................................................................................... 12 C. Maintainability ........................................................................................................ 18 D. The Indian Stamp Act 1899 .................................................................................... 22 i. Overview ...................................................................................
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-30-2023
2023 INSC954Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (C) No.19992 OF2023IFFCO Tokio General Insurance Co. Ltd. Petitioner Versus Geeta Devi and others. Respondents ORDER SANJAY KUMAR, J1 IFFCO Tokio General Insurance Co. Ltd. seeks to assail the order dated 11.05.2023 of the Delhi High Court in MAC. APP. No.914 of 2019. Thereby, the High Court reversed the Award dated 06.07.2018 passed by the Motor Accident Claims Tribunal, Rohini Courts, Delhi, in MAC Petition No.4415 of 2016, to the extent it granted the right of recovery to the petitioner-insurance company. Aggrieved by the denial of such right of recovery, the petitioner-insurance company is before this Court. 12. Facts, to the extent germane, may be noted: One Dharambir suffered fatal injuries on 09.05.2010, when the Tempo vehicle bearing Registration No.HR69D-0246, driven in a rash and negligent manner, hit his motorcycle. His dependents, viz., his parents, widow and children,...
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-17-2023
..... act 1961 provide numerous tax benefits for payments made on behalf of the spouse. for example, section 80c of the income tax act 1961 permits deduction of the insurance premia paid for the spouse s life insurance policy and section 80d permits deduction of expenses towards the premium of spouses health insurance.151. evidentiary privilege includes the privilege accorded to communications during marriage under the indian evidence act ..... the enactment of the indian succession act, 1925, hindu women s right to property act, 1937, hindu marriage act, 1955, the hindu adoptions and maintenance act, 1956, the hindu succession act, 1956, the hindu minority and guardianship act, 1956, the indian divorce act, 1869 (as amended in 2001), the muslim personal law (shariat) application act, 1937; and the anand marriage act, 1909 (as amended). these laws ..... desires, to amend it. similarly, in cellular operators association of india v. telecom regulatory authority of india105, the court applied the rule of delhi transport corporation 104 (1990) supp. 1 scr142105 2016 (9) scr15 6 (supra) and held that the construction suggested would lead the court to add ..... exhibiting even bare, decent expressions of affection which was a position that prevailed till the later five-judge bench decision in navtej johar (supra).43. nalsa (supra) was a significant ruling regarding the rights of transgender persons. it was held that discrimination on the ground of sexual orientation or gender identity, therefore, .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-27-2023
- 1 - NC:2023. KHC:35178-DB WA No.891 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE27H DAY OF SEPTEMBER, 2023 PRESENT THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE KRISHNA S DIXIT WRIT APPEAL No.891 OF2023(S-RES) BETWEEN: MRS MEGHA J, D/O. LATE SRI. K. JAYASHANKAR, AGED ABOUT28YEARS, R/AT No.186/A, SANNIDHI, 30TH MAIN, 27TH CROSS, SIDDALINGESHWARA LAYOUT, J P NAGAR, MYSORE - 560 008. APPELLANT (BY SRI. MAHABALESH K PATIL., ADVOCATE FOR SRI. VIJETHA R NAIK.,ADVOCATE) AND:1. LIFE INSURANCE CORPORATION OF INDIA (LIC) CENTRAL OFFICE, YOGASHEMA JEEVAN BIMA MARG, NARIMAN POINT, MUMBAI400021. REP. BY BRANCH HEAD/MANAGER2 SENIOR DIVISIONAL MANAGER LIFE INSURANCE CORPORATION OF INDIA DIVISIONAL OFFICE, MYSURU- 560 008. RESPONDENTS THIS WRIT APPEAL FILED U/S4OF THE KARNATAKA HIGH COURT ACT PRAYING TO a) SET ASIDE THE ORDER DATED1906/2023 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.11957/2023 AND ETC., - 2 - NC:2023. KHC:35178-DB WA No.891 of 202...
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