Court : Karnataka
..... ) 8 scc1 (iv) the order of the governor suffers from blatant non- application of mind; 139 (v) the order should be tested on what is communicated to the petitioner and not on what the notings in the file are to arrive at a conclusion whether the governor has applied his mind before according approval as obtaining under section 17a; i deem it appropriate to unfold the said folds.34. ..... : the cabinet/council of ministers, after having threadbare discussed the issue of issuance of show cause notice to the hon ble chief minister, government of karnataka, dated 26- 07-2024, by the hon ble governor of karnataka on taking note of the entire factual matrix as well as the well settled legal position and for the reasons herein mentioned, unanimously resolved to advise the hon ble governor as follows: i. ..... emphasis supplied) considered on the touchstone of the principles of bias, as laid down by the apex court and on the perusal of the preamble of the cabinet note supra what would unmistakably emerge it that the decision of the cabinet the cabinet nominated by the chief minister, would not be free from bias or being partisan towards ..... in all he would submit that the order which suffers from blatant non-application of mind eschewing relevant consideration and taking note of irrelevant consideration cannot but be termed to be perverse and on the said basis grant of an approval under section 17a of the act, that too for prosecution of the petitioner/chief minister is a frolicsome act on the part .....
Tag this Judgment!Court : Karnataka
..... thus, he submits that without there being any document evidencing service on the basis of the note put up by the registry, the court had come to a conclusion that service has been effected and placed respondent no.2 as ex- parte which is completely impermissible. 7.6. ..... in fact, there is nothing on record to indicate that the same has been dispatched except a noting in the register, there being no register post receipt placed on record which would indicate the dispatch of the notice. 12.11. ..... khc:37470 crp no.72 of 2024 up a file, making file notings, indicating the status of the matter or informing the details of service of notice or the like for the judicial officer to pass necessary orders thereon. 11.2. ..... on 10.07.2015, the chief ministerial officer has put up a note saying, notice to respondents no.1 to 5-duly served based on which there is a typed order indicating that the appeal notice is served on respondents no.1 to 5 personally. ..... on 10.07.2015 the first appellate court taking note of such service on respondent nos.1 to 5 personally, called them out, recorded their absences and placed them ex-parte. 6.3. .....
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..... this court noting her absence, on 05-03-2024 listed the matter on 21-03-2024. .....
Tag this Judgment!Court : Karnataka
..... the tribunal concluded that the employer did not substantiate claims of work abandonment or unauthorized stoppage, noting that work was still in progress. ..... the tribunal noted that the notice for this rescission followed immediately after the second rescission and did not provide the required 48 hours notice. ..... the tribunal noted that the delays were caused by the employer and that the rescission did not conform to the agreed contract provisions. .....
Tag this Judgment!Court : Karnataka
..... the tribunal concluded that the employer did not substantiate claims of work abandonment or unauthorized stoppage, noting that work was still in progress. ..... the tribunal noted that the notice for this rescission followed immediately after the second rescission and did not provide the required 48 hours notice. ..... the tribunal noted that the delays were caused by the employer and that the rescission did not conform to the agreed contract provisions. .....
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..... . having regard to the above well-established principles and also noting that the present dispute is entirely with respect to property and more particularly buying and selling thereof, it cannot be doubted that a criminal hue has been unjustifiably lent to a civil natured issue.13 ..... . with almost similar facts and circumstances may be relevant to note at this stage : (scc pp ..... (emphasis added) the conditions in the agreement are as afore-noted. .....
Tag this Judgment!Court : Karnataka
..... we say nothing on the same, as it is expected that that the trial court shall consider the application in accordance with law, including, noting the fact that appellants no.6 and 7 who were also the plaintiffs in that suit, have filed the suit being o.s.no.144/2014.34. ..... the facts as noted from the record are, it was the case of the appellants/plaintiffs in the suit being o.s.no.144/2014 that certain suit properties are ancestral/joint hindu undivided family properties as the same were purchased by ..... it is to be noted that a learned single judge of this court in the case of smt. .....
Tag this Judgment!Court : Karnataka
..... justice s ratnavel pandian, speaking for the two judge bench, noted that the power is couched in the widest possible terms and calls for no limitation, either with regard to the stage at which it can be exercised or the manner of ..... in indian bank association (supra), the supreme court took note of the decision in the case of mandvi cooperative bank (supra) and issued a number ..... at this stage, it must be noted that apart from the decisions of learned single judges of this court, in the cases of sbi global factors limited (supra) and nitin shriram sabe (supra), there are decisions of the other high courts ..... at the outset, it must be noted these decisions, being rendered by co-ordinate benches, bind this ..... it would be suffice to note the statement of law in the case of sundeep kumar ..... despite noting the decision in the case of mandvi cooperative bank (supra), especially the fact that the provisions contained in section 145 were restricted to permitting the complainant to lead evidence on affidavit and do not provide the same dispensation to the accused, indian bank association (supra) did not struck a discordant note.29 ..... as already noted earlier, the power under section 311 to summon a witness is conditioned by the requirement that the evidence of the person who is sought to be summoned appears to the court to be essential to the just decision ..... as noted above, in my humble opinion, there is no conflict between the decisions in the cases of mandvi cooperative bank (supra) and indian bank .....
Tag this Judgment!Court : Karnataka
..... after her death, the inquest panchanama was conducted as per ex.p1 by the io in the presence of panchas noting about the consumption of poison by her. ..... on reading the evidence of all these witnesses coupled with inquest report as well as post mortem report, it shows that deceased saraswathi died because of consuming poison named as organophospherous as noted in the pm report.15. .....
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..... similar view has been echoed by the american courts also as noted in the judgment of the court of appeals for the third circuit in jilin pharmaceutical usa, inc. v. ..... though the rival contentions are advanced, taking note of the fact that the instant case relates to the year 2014, consideration of the petitioner's claim for the said year at this juncture would not arise, since the person who was entitled would ..... in sports, as the impugned order also notes, same players perform differently on different occasions and a number of factors influence an athlete's performance. ..... in sports, as the impugned order also notes, same players perform differently on different occasions and a number of factors influence an athlete's performance. ..... in the first place, it must be noted that the function of the selection committee is neither judicial nor adjudicatory. ..... in this context it may be noted that as per the scheme aforesaid, it is not open to any person to nominate himself for the award. ..... after noting down the irregularities being committed in the functioning of table tennis federation of india. ..... here again 9 what was prevailing in 2010 was taken note of. .....
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