Court : Karnataka
..... if the fir is quashed against the petitioner. the learned app for the state has also no objection, if this petition is allowed.9. considering the above settlement between the parties and chances of conviction of the petitioner are bleak, there is no use to continue with the proceedings of the present fir as complainant has ..... from the petitioners.10. accordingly, the petition is allowed. consequently, xxxxx under section 384ipc registered at xxxxx delhi and the proceedings emanating therefrom are quashed, subject to payment of cost of rs 10,000 in lawyers' welfare fund, xxxxx or association and the receipt be handed over to the io within one week from today. pending ..... would only mean that an individual who is no longer desirous of his personal data to be processed or stored, should be able to remove it from the system where the personal data/information is no longer necessary, relevant, or is incorrect and serves no legitimate interest. such a right cannot be exercised where the information/ .....
Tag this Judgment!Court : Karnataka
..... may 2019 to complete her studies at harvard university, united states, at which point in time the child was in the custody of the father in terms of the settlement agreement.12. after the mother leaves to united states, it appears that some harassment mails were communicated by the 2nd respondent/complainant which led to two criminal complaints being ..... the mother and father of the child. the petitioner was the husband 10 of smt. shruthi cauvery iyer. these are the protagonists in the story of crime. the settlement agreement between the complainant and the mother of the child was to the effect that if one parent travels, the child was to remain in the custody of non-travelling ..... of the child. the mother then files an execution petition in e.p.no.108 of 2019 seeking restoration of custody of her daughter in terms of the 5 settlement agreement. therefore, two proceedings sprang from one act of the 2nd respondent not returning the child to the mother.4. on 04-06-2019 the 2nd respondent/father .....
Tag this Judgment!Court : Karnataka
..... both the accused have committed same offence in the course of same transaction, as the transaction is arising out of land dealing for which advance was paid and after the settlement, the cheques were issued by both the accused towards discharging the liability which is of legally enforceable debt. therefore, a joint trial can be conducted.9. in another case ..... , there is a single consolidated notice for all the ten cheques so dishonoured, so after the period of 15 days of the receipt of this consolidated notice upon non payment of the amount of these cheques, the offence under section 138 of the act is deemed to have taken place. thus, it invariably gives 10 rise to a single ..... of all the 27 cheques was given to the petitioners. the offence under section 138 is deemed to have committed when the drawer of the chques fails to make payment of the amount of money within 15 days of the receipt of the demand notice given under section 138(b) of the negotiable instruments act. it is also material .....
Tag this Judgment!Court : Supreme Court of India
..... within 7 (seven) days of declaration of the successful resolution applicant, or by way of a direct deposit by way of the real time gross settlement system into a bank account held by the sbi bank, the details of which shall be shared separately with the successful resolution applicant ( performance security ) ..... agreed that if sra satisfies particular criteria, including infusing rs. 350 crores by 31 august 2023, adhering to the resolution plan terms, and meeting employee payment obligations in accordance with the nclat order dated 21 october 2022, they would abstain from challenging exclusion/extension of time issues. however, the inability to ..... committee are to assume absolute control over the corporate debtor. following the effective date, the sra is then required to infuse funds and fulfil specified payments to stakeholders, including disbursements to employees, workmen, and other operational creditors, within 180 days from the effective date. 6 the successful resolution applicant5 and .....
Tag this Judgment!Court : Supreme Court of India
..... the duty of the claim enquiry officer to decide who the rightful claimants are to claim the compensation; d) after receiving a report from the claims enquiry officer, the claims settlement commissioner appointed in terms of sub-clause (f) of clause 2 of the scheme is empowered to sanction the claim as provided in clause. it is the ultimate responsibility of ..... mv act (as it existed before 1st april 2022). we may note here that section 163 of the mv act, as it existed till 1st april 2022, dealt with the scheme for payment of compensation in case of hit and run motor accidents. sub-clause (2) of clause 20 of the solatium scheme provided a period of limitation of 6 months for filing ..... the general insurance council to make an e-payment of the writ petition (c) no.295 of 2012 page 4 of 13 compensation amount within 15 days from the date of receipt of the sanction order and e) .....
Tag this Judgment!Court : Karnataka
..... order of the competent authority within a period of thirty days of its being made. explanation. for the purposes of this section, transfer of property means any disposition, conveyance, assignment, settlement, delivery, payment or other alienation of property and, without limiting the generality of the foregoing, includes (a) the creation of a trust in property; (b) the grant or creation of any .....
Tag this Judgment!Court : Supreme Court of India
..... as such, the remaining amount of rs.3,90,00,000/- was to be paid in installments. the payment schedule was also laid down in paragraphs 6 and 7 whereas paragraph 5 mentioned amount of settlement. paragraph 8 of the settlement mentioned that the said amount would be paid equally by the appellant and the intervenor. however, in default ..... three revisions before the high court as originally there were three complaints. before the high court the appellant and the intervenor filed an undertaking based on a settlement on 03.07.2018 according to which it was agreed that a total sum of rs.4,63,50,000/- would be civil appeal no.1598 of 2023 ..... s continued failure to fulfil his financial obligations, culminating in the cancellation of his bail and suspension of sentence. this decision, reflecting the frustration of the legal system with repeated non-compliance, sets the stage for our deliberation.3. leave granted.4. the present appeal assails the correctness of the judgment and order dated 23. .....
Tag this Judgment!Court : Supreme Court of India
..... in a fair manner. he stated that the victim was ready to stay with the appellant, and therefore, the chargesheet, though ready, has not been filed to facilitate the amicable settlement of the dispute. the successor of the said officer filed a counter affidavit to the writ petition on 11th august 2017 justifying the registration of the fir, which also refers .....
Tag this Judgment!Court : Karnataka
..... under the pension rules there is no differentiation between a first wife and a second wife and that as such irrespective of validity of the matrimonial relationships, the settlement dues of the deceased employee would be payable to more widows than one surviving after the death of the concerned employee. in the event the presumption pertaining to ..... widow and the amended provision would enable even the second wife to seek pension for survival. the division bench while examining the above said amendment also observed the payment of pension to two widows is required to be made in equal share and this would no way burden the treasury or the indian railways by inserting the ..... representing the 4th respondent/ railways would refute the submissions of respondents 1 to 3 to contend that pension is paid in terms of the rules. the rules empower payment of pension to both the petitioner and the 1st respondent in equal share. therefore, no fault can be found with the claim of the petitioner for her share .....
Tag this Judgment!Court : Supreme Court of India
..... memory of a witness) and order xiii rule 1(3) (this rule speaks of either party or their pleaders obligatorily 31-slp (c) no.14445 of 2021 producing, post the settlement of issues in a suit, the documentary evidence upon which reliance is placed. sub-rule 3 exempts from this obligation documents produced for the limited purpose of cross-examination or ..... , or (b) handed over to a witness merely to refresh his memory.]. order xiii1 original documents to be produced at or before the settlement of issues. (1) the parties or their pleader shall produce on or before the settlement of issues, all the documentary evidence in original where the copies thereof have been filed along with plaint or written statement. (2) the .....
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