Court : Karnataka
..... or holder in due course, who may not be aware of the indoor administration of a company or the partnership firm, lodges a complaint under section 138 and 141 of the negotiable instruments act with the averment that the director or the partners concerned were in charge of and responsible for the conduct of the business of the partnership firm concerned, then it will have to be construed ..... an alternative story as to why the duly signed cheques were handed over to the company and no case is set up with nature of transaction which availed beyond the scope of section 138 of ni act and whether the petitioner was in charge of the affair of the firm or not, again it is a disputed fact and i have already pointed out that in paragraph-2 of the complaint, specific averments ..... managing partner, 2 other partners are responsible and in charge of the business of the partnership firm at the time of committing the offence under sec.138 of the n.i.act, has never been raised in the reply notice (which has never been sent) or while cross-examining pw-1 or at the stage of sec.313 questioning of the accused ..... to the facts of these cases because, in the said case, the hon'ble supreme court was considering maintainability of an appeal under sec.11(2) of the special court's act,1979 which was enacted for a special purpose for speedy disposal of cases and the special court was headed by a sitting judge of the high court; iv) that the ..... as a general rule, notice to a principal is notice to all his agents; .....
Tag this Judgment!Court : Karnataka
..... or holder in due course, who may not be aware of the indoor administration of a company or the partnership firm, lodges a complaint under section 138 and 141 of the negotiable instruments act with the averment that the director or the partners concerned were in charge of and responsible for the conduct of the business of the partnership firm concerned, then it will have to be construed ..... an alternative story as to why the duly signed cheques were handed over to the company and no case is set up with nature of transaction which availed beyond the scope of section 138 of ni act and whether the petitioner was in charge of the affair of the firm or not, again it is a disputed fact and i have already pointed out that in paragraph-2 of the complaint, specific averments ..... managing partner, 2 other partners are responsible and in charge of the business of the partnership firm at the time of committing the offence under sec.138 of the n.i.act, has never been raised in the reply notice (which has never been sent) or while cross-examining pw-1 or at the stage of sec.313 questioning of the accused ..... to the facts of these cases because, in the said case, the hon'ble supreme court was considering maintainability of an appeal under sec.11(2) of the special court's act,1979 which was enacted for a special purpose for speedy disposal of cases and the special court was headed by a sitting judge of the high court; iv) that the ..... as a general rule, notice to a principal is notice to all his agents; .....
Tag this Judgment!Court : Karnataka
..... by a social organisation; where children are detained or lodged for the purpose of treatment, reformation or protection and take up with these authorities for remedial action, if found necessary; (emphasis supplied) section 13 of the cpcr act thus empowered the petitioner to enter into any home that houses children in whatever name they were existing. ..... social organisation, where children are detained or lodged for the purpose of treatment, reformation or protection and take up with these authorities for remedial action, if found necessary.2. the commission, as per its role under cpcr act, 2005 and juvenile justice act, 2015, conducted an inspection visit to darul uloom sayeediya yateemkhana situated at 3rd cross rd ..... in exercise of powers conferred under section 13 of the commissions for protection of child rights act, 2005 (for short cpcr act ), the petitioner in terms of the official tour programme, intends to inspect juvenile or custodial homes or any other place of residence or institution meant ..... (hereinafter referred to as "the commission') is a statutory body constituted under section 3 of the commission for protection of child rights (cpcr) act, 2005 to protect the child rights and other related matters in the country the commission is further mandated to monitor the proper and effective implementation of protection of children from sexual offences (pocso) act, 2012; juvenile justice (care and protection of children) act, 2015 and right to free and compulsory education (rte .....
Tag this Judgment!Court : Karnataka
..... rollin m perkin4 writes which is largely true of other parts of the globe but not india: all advanced civilizations have needed higher education to train their ruling, priestly, military, and other service elites, but only in medieval europe did an institution recognizable as a university arise: a school of higher learning combining teaching and scholarship and characterized by its corporate ..... for the university per contra made submissions in justification of the impugned judgment contending that: (a) there is no thumb rule that no person can invoke writ jurisdiction against the show cause notice even when it is absolutely without jurisdiction; where authorities act with demonstrable incompetence, a litigant cannot be relegated to the sending of reply to such notices. ..... that the educational services are ordinarily provided by the educational institutions such as universities, colleges & schools, one cannot rule out such services being catered by entities that do not conventionally answer the notion of educational institution. ..... every educational institution during the particular period in question was not within the ambit of finance act, 1994; even otherwise, because of exemption notifications issued & continued from time to time, they are immune from service tax liability; the clarificatory circulars issued by cbec being statutory bind the revenue, especially when they have been acted upon; (d) the decisions of madras & gujarat high courts relied upon by the learned single .....
Tag this Judgment!Court : Karnataka
..... put the above contention of the appellants in different words for the ease of understanding: in view of restrictive incorporation of res judicata in section 11 of cpc read with rule 39 of 1977 rules, the question whether lands have vested in the state was not directly & substantially in issue in the coordinate proceedings and therefore, observations occurring in the orders made therein ..... tenants (including tenants against whom a decree or order for eviction or a certificate for resumption is made or issued) immediately prior to the date of commencement of the amendment act, other than lands held by them under leases permitted under section 5, shall, with effect on and from the said date, stand transferred to and vest in the state ..... c/w 386/1991; further challenge in slp (civil) 120/1991 was withdrawn; findings as to vesting of lands in the state u/s.44 of the 1961 act arguably entered in the said proceedings do not operate as res judicata; therefore, learned single judge grossly erred in denying relief to the appellants by wrongly ..... for two reasons: firstly because sec.113 of the 1961 act makes it applicable to tribunal proceedings; secondly because even otherwise rule 39 of 1977 rules makes it applicable, regardless of any other law. ..... - 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 .....
Tag this Judgment!Court : Karnataka
..... even if a statute is silent and there are no positive words in the act or the rules made thereunder, there could be nothing wrong in spelling out the need to hear the parties whose rights and interest are likely to be affected by the orders that may be passed, and making it a requirement to follow a ..... v) in view of the finding of this court that demolition was illegal and in violation of the provisions of karnataka highways act and also due to highhanded and arbitrary actions of the respondent-authorities, the deputy commissioner is directed to fix the liability on the concerned officials and recover the damages paid from the erring ..... when we look at the various provisions of the cinematograph act, 1952 and the rules made thereunder, the delhi building regulations and the electricity laws the duty of care on officials was high and ..... however, if the duty breached is of a public nature or there is violation or breach or infringement of a fundamental right by an act or omission on the part of the authority, it is open to the party who has suffered a legal wrong to invoke the jurisdiction of the supreme court or a high court by instituting the ..... , (2004) 6 scc213 this court cautioned that a direction to pay compensation under article 226 of the constitution is permissible as a public law remedy and resorted to only when there is a violation by the state or its agents acting in official capacity of the fundamental right guaranteed by article 21 of the constitution, and not otherwise. .....
Tag this Judgment!Court : Karnataka
..... it is settled position as held in the judgments referred to above in applying the procedural fairness, the petitioner 33 is to be provided an opportunity of being heard as the outcome of the proceedings under rule 14 and 15 of rules 2017 will have financial implication on the petitioner, as a result, the petitioner would suffer civil consequences in the form of higher premium to be paid. ..... even if a statute is silent and there are no positive words in the act or the rules made thereunder, there could be nothing wrong in spelling out the need to hear the parties whose rights and interest are likely to be affected by the orders that may be passed, and making it a requirement to follow a fair ..... to provide an opportunity to the employer as and when the claim/complaint is made under rule 14 of rules 2017, the insurance ombudsman is bound to issue notice to the employer/ company contributed the insurance premium. ..... (1) the ombudsman may, if he deems fit, allow the complainant to adopt a procedure other than under sub-rule (1) or sub-rule (2) of rule 14 for making a complaint, after notifying the parties to the dispute. ..... the provision for opportunity to the petitioner in the proceedings under rules 14 and 15 of rules, 2017 would not in any way prejudice the rights of the claimant or the insurer. .....
Tag this Judgment!Court : Karnataka
..... the prayer made in that petition is to direct respondent no.1-union of india to take action against respondent nos.3 to 6 for violating the provisions of the cable television networks (regulation) act, 1995, the cable television networks rules, 1994 and also the policy guidelines for uplinking and downlinking of television channels in india, 2022. ..... naveen chandrashekar, advocate for caveator/ respondent no.2) this writ appeal filed under section4of the karnataka high court act praying to allow this appeal to set aside the judgement and order dated2506/2024 passed in wp no.10553/2024 in the interest of justice ..... power smart media (opc) private limited power tv trade mark holder incorporated and registered under companies act, 1956 represented by its director dabbegatta gowda madhu lakshmana din number0826281 no.7, 11th main mathikere main road1t stage, gokula extension yeshwanthpur bengaluru 560 054 2. m/s ..... munedrappa, advocate for caveator/ respondent no.2) this writ appeal filed under section4of the karnataka high court act praying to set aside the judgement and order dated2506.2024 passed in w.p.no.10639/2024 in the interest of justice.- ..... , wp no.10639 of 2024 & wp no.10553 of 2024 before respondent no.1-union of india, ministry of information and broadcasting, to raise the issue that the tv channel and the owners had been violating section 5 of the cable television networks (regulation) act, 1995 and cable network rules, 1994 as well as the relevant rules of the programme code. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the aforesaid reasoning of the learned judge, with respect, cannot be sustained as it proceeds on the assumption as if old article 142 of the earlier limitation act was in force wherein the plaintiff who based his case on title has to prove not only title but also possession within 12 years of the date ..... khc-d:8453 rsa no.5186 of 2009 within twelve years preceding the date of institution of the suit, under the limitation act, 1963, once the plaintiff proves his title, the burden shifts to the defendant to establish that he has perfected his ..... the said provision of law has undergone a metamorphic sea change as we find under the limitation act, 1963 article 65 which reads as under: article description of period of time from suit limitation which period begins to run 65 for twelve years when the possession of possession of immovable the defendant property ..... plaintiff has filed the suit claiming title over the suit property in terms of articles 64 and 65 of the limitation act, 1963, burden would be on the defendant to prove that he has acquired title by adverse possession. ..... to ascertain the mesne profits u/o 20 rule 12 cpc. ..... hold that this is not a fit case wherein the plaintiff is entitled to the relief of possession in exercise of power under order 7 rule 7 c.p.c. ..... in respect of construction put up by them in case they are liable to hand over possession of the property to the plaintiff have to be gone into before granting any relief by moulding the relief under order 7 rule 7 c.p.c. .....
Tag this Judgment!Court : Karnataka
..... competent court; (c) is an undischarged insolvent; or (d) has been removed or dismissed from service of the central government or a state government or a body or corporation owned or controlled by the central government or a state government; or (e) refuses to act or becomes incapable of acting; or 11 (f) without obtaining leave of absence from the commission, absents from three consecutive meetings of the commission; or (g) has in the opinion of the government, so abused the position of chairperson or member as to render that person's continuance ..... central act or regulations a power to issue notifications, orders, rules or bye-laws is conferred, 45 then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any notifications, orders, rules ..... referred to the qualifications to which pleasure doctrine was subjected in the case of government servants, as follows: (air p.600) the rule of english law pithily expressed in the latin phrase durante bene placito ( during pleasure ) has not been fully adopted either by section 240 of the government of india act, 1935 or by article 310(1) of the constitution. ..... is that when the statute says that the office is to be held at pleasure, it means at pleasure , and no rules or regulations can alter or modify that; nor can section 60 of the code of civil procedure, enacted by a subordinate legislature be used to construe an act of a superior legislature. .....
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