Court : Karnataka
..... unfolding of issues, it becomes necessary to direct the learned sessions judges/special court who would entertain complaints against public servants filed by private persons alleging offences punishable under the provisions of the prevention of corruption act, 1988 even if it is an amalgam not to entertain such complaints if they do not comply with the following: (i) the complaint should narrate that the complainant has made his efforts to register a crime before the karnataka lokayukta ..... minister, in a state shall not be less than twelve: provided further that where the total number of ministers, including the chief minister, in the council of ministers in any state at the commencement of the constitution (ninety-first amendment) act, 2003 exceeds the said fifteen per cent or the number specified in the first proviso, as the case may be, then, the total number of ministers in that state shall be brought in conformity with the provisions of ..... material as well as the reply of the chief secretary dated 26-07-2024, added to the fact that several applications for sanction before him are long pending, such as proposal for prior approval u/s 17a of the prevention of corruption act, 1988, dated 9.12.2021 against one shashikala jolle, former minister and another proposal dated 26.02.2024 against murgesh nirani, former minister and a permission for sanction under section 19 of the prevention of ..... s ai g ai u z ai i z z u u v p lp l t v u g ai d c ai 1961 g g u p g z wai c p vg v z .3. .....
Tag this Judgment!Court : Karnataka
..... part of his statement, if duly proved, may be used by the accused, and with the permission of the court, by the prosecution, to contradict such witness in the manner provided by section 145 of the indian evidence act, 1872 (1 of 1872); and when any part of such statement is so used, any part thereof may also be used in the re- examination of such witness, but for the purpose only of explaining any matter referred to ..... against the said respondent under the income tax act, 1961, before the special court for economic offences. ..... union of india, which firmly establishes the maintainability of suits under article 131 of the constitution of india when a dispute concerns the - 63 - existence or extent of a legal right between the ..... hon ble apex court has held thus: we find that, in the present suit, the plaintiff is raising the legal issue as to whether after withdrawal of the consent under section 6 of the dspe act, the cbi via the defendant union of india can continue to register and investigate cases in its area in violation of the provisions of section 6 of the dspe act. ..... despite a defamation suit filed by the said respondent in 2019, the petitioner contends it does not hinder the legal ..... the suit shall proceed in accordance with ..... india (original suit no.4/2021) ..... findings are for the purposes of deciding preliminary objection and will have no bearing on merits of the suit. ..... be attacked by the defendant union of india by raising various contentions challenging the maintainability of the suit. .....
Tag this Judgment!Court : Karnataka
..... part of his statement, if duly proved, may be used by the accused, and with the permission of the court, by the prosecution, to contradict such witness in the manner provided by section 145 of the indian evidence act, 1872 (1 of 1872); and when any part of such statement is so used, any part thereof may also be used in the re- examination of such witness, but for the purpose only of explaining any matter referred to ..... against the said respondent under the income tax act, 1961, before the special court for economic offences. ..... union of india, which firmly establishes the maintainability of suits under article 131 of the constitution of india when a dispute concerns the - 63 - existence or extent of a legal right between the ..... hon ble apex court has held thus: we find that, in the present suit, the plaintiff is raising the legal issue as to whether after withdrawal of the consent under section 6 of the dspe act, the cbi via the defendant union of india can continue to register and investigate cases in its area in violation of the provisions of section 6 of the dspe act. ..... despite a defamation suit filed by the said respondent in 2019, the petitioner contends it does not hinder the legal ..... the suit shall proceed in accordance with ..... india (original suit no.4/2021) ..... findings are for the purposes of deciding preliminary objection and will have no bearing on merits of the suit. ..... be attacked by the defendant union of india by raising various contentions challenging the maintainability of the suit. .....
Tag this Judgment!Court : Karnataka
..... 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 may be, to proceedings under [ ..... no.4312 of 2017 (a) as already discussed, what was challenged in w.p.no.14885/1984 was the order of land tribunal passed u/s 48a of the 1961 act; this order admittedly did not say even a word about the tenancy or vesting of subject lands in the state in terms of section 44; it only found the appellant-company as not answering ..... 13/1991 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 applying the said ..... noticeable is thus cpc applies to the writ proceedings 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 ..... inclined to grant indulgence in the matter broadly agreeing with the submissions made on behalf of the appellants for the following reasons: (a) a brief description of the karnataka land reforms act, 1961: (a) india is predominantly an agricultural country; agriculture continues to be the backbone of national economy even to this day. .....
Tag this Judgment!Court : Karnataka
..... in a case of bribe, it is quite natural that, the person who pays the bribe and those who act as intermediaries are the only persons who can ordinarily be expected to give evidence about the bribe and it is very difficult to get absolutely independent evidence about the payment of bribe. ..... all the procedures as contemplated under the provisions of the prevention of corruption act have been complied with the prosecution by the investigating agency. ..... the learned trial court "sentenced the accused to undergo simple imprisonment for the offence punishable under of the act and also he shall pay a fine of rs.10,000/- with default sentence and also sentenced the accused-appellant for the offence under section 13(2) r/w 13(1)(d) of the act and is sentenced to undergo si for two - 3 - nc:2024. ..... khc:25652 crl.a no.17 of 2011 quarter nor should any external force be acting upon it to take a decision one way or the other. ..... even the presumption which is available under section 20 of the act is rebutted by the accused appellant by way of directing - 9 - nc:2024 ..... city civil and sessions judge, and special judge for cbi cases, bangalore, in special c.c.no.129/2007 - convicting the appellant/accused for the offence p/u/s7and132) r/w.13(1)(d) of prevention of corruption act, 1988 and the appellant/accused is sentenced to undergo s.i. ..... for the offences punishable under section 7 of prevention of corruption act, and registered the fir as per ex.p12. ..... way back in 1961, the hon'ble apex court in major e.g. .....
Tag this Judgment!Court : Karnataka
..... reserved for judgment, coming on for pronouncement of judgment, this day, chief justice delivered the following: - 6 - c.c.c no.495/2023 c/w w.a nos.1095/2023 & 1266/2023 judgment preferred under section 4 of the karnataka high court act, 1961, the two appeals arise from the judgment and order dated 25.01.2023 passed by learned single judge in writ petition no.21308 of 2022. ..... this writ appeal is filed under section4of the karnataka high court act, 1961, praying to set aside the order dated2501.2022 in w.p. ..... akbar, aga for r2) --- this writ appeal is filed under section4of the karnataka high court act, 1961, praying to set aside the order dated2501.2023 in w.p. ..... empanelment of business associates was called in four categories based on valuation of the work ranging from rs.25 lakhs to over rs.1 crore. ..... was stated that respondent no.2 invest karnataka forum was a non-profit company established under the companies act, 2013 to promote investments and to attract the investments globally by the government of karnataka. ..... seriously disputed questions or rival claims of the parties with regard to breach of contract are to be investigated and determined on the basis of evidence which may be led by the parties in a properly instituted civil suit rather than by a court exercising prerogative of issuing writs. ..... was sought to be highlighted that non-acceptance and non-exhibition of the film at - 13 - the global investors summit was an act of evident breach of contract on part of respondents.4. .....
Tag this Judgment!Court : Karnataka
..... reserved for judgment, coming on for pronouncement of judgment, this day, chief justice delivered the following: - 6 - c.c.c no.495/2023 c/w w.a nos.1095/2023 & 1266/2023 judgment preferred under section 4 of the karnataka high court act, 1961, the two appeals arise from the judgment and order dated 25.01.2023 passed by learned single judge in writ petition no.21308 of 2022. ..... this writ appeal is filed under section4of the karnataka high court act, 1961, praying to set aside the order dated2501.2022 in w.p. ..... akbar, aga for r2) --- this writ appeal is filed under section4of the karnataka high court act, 1961, praying to set aside the order dated2501.2023 in w.p. ..... empanelment of business associates was called in four categories based on valuation of the work ranging from rs.25 lakhs to over rs.1 crore. ..... was stated that respondent no.2 invest karnataka forum was a non-profit company established under the companies act, 2013 to promote investments and to attract the investments globally by the government of karnataka. ..... seriously disputed questions or rival claims of the parties with regard to breach of contract are to be investigated and determined on the basis of evidence which may be led by the parties in a properly instituted civil suit rather than by a court exercising prerogative of issuing writs. ..... was sought to be highlighted that non-acceptance and non-exhibition of the film at - 13 - the global investors summit was an act of evident breach of contract on part of respondents.4. .....
Tag this Judgment!Court : Karnataka
..... reserved for judgment, coming on for pronouncement of judgment, this day, chief justice delivered the following: - 6 - c.c.c no.495/2023 c/w w.a nos.1095/2023 & 1266/2023 judgment preferred under section 4 of the karnataka high court act, 1961, the two appeals arise from the judgment and order dated 25.01.2023 passed by learned single judge in writ petition no.21308 of 2022. ..... this writ appeal is filed under section4of the karnataka high court act, 1961, praying to set aside the order dated2501.2022 in w.p. ..... akbar, aga for r2) --- this writ appeal is filed under section4of the karnataka high court act, 1961, praying to set aside the order dated2501.2023 in w.p. ..... empanelment of business associates was called in four categories based on valuation of the work ranging from rs.25 lakhs to over rs.1 crore. ..... was stated that respondent no.2 invest karnataka forum was a non-profit company established under the companies act, 2013 to promote investments and to attract the investments globally by the government of karnataka. ..... seriously disputed questions or rival claims of the parties with regard to breach of contract are to be investigated and determined on the basis of evidence which may be led by the parties in a properly instituted civil suit rather than by a court exercising prerogative of issuing writs. ..... was sought to be highlighted that non-acceptance and non-exhibition of the film at - 13 - the global investors summit was an act of evident breach of contract on part of respondents.4. .....
Tag this Judgment!Court : Karnataka
..... 244 wherein the hon'ble supreme court has held as follows:- " from the resume of the understanding of the term "professional or other misconduct", as it appeared in the bar councils act, or, as it is found in the advocates act, it appears that the term 'misconduct' appearing in the respective sections has to be examined, with the lens of propriety, decency and worthy living and the fitness of the person to be on the ..... it reads as follows: complaint under section35of the advocates act, 1961 the complainant above name begs to state us under, in respect of the professional misconduct committed by the respondent and prays for necessary action ..... to be contrary to law, all other submissions of the petitioner in-person that there should be reason to believe, for initiation of proceedings under section 35 of the act, need not be gone into, notwithstanding the fact that certain judgments which inter alia consider the issue of 27 reason to believe, found in section 35 of the act, are noted hereinabove, as the complaint was not even maintainable at the hands of the complainant before the bar council. ..... the complaint is 7 appropriately taken as it came to the notice of the complainant that decree of partition was secured by the decree holders among themselves and the present petitioner got arrayed as defendant no.4 in the suit for partition of decree and received compensation for part of a property which was the subject matter of decree. ..... 1974) 2 scc387 air1974sc1719 and state of rajasthan v. .....
Tag this Judgment!Court : Karnataka
..... 11(1)(a) of the rating and valuation act, 1961, keeping in view the dominant purpose of the act; referring to a provision of an enactment, lord goddard cj.said in bebb v ..... december, 1948; there is nothing in service jurisprudence that spurns at employer- employee relationship even in a compulsive engagement of services, especially when article 23(2) of the constitution itself sanctions imposing compulsory service for public purposes , the impugned act frugally and the 2015 rules abundantly speak of service law concepts such as service , rural service , service period vacancy , list of vacancies , eligibility , entrance test , selection , merit list , appointment , posting , working hours , ..... hearing the concerned; the contention that the candidates may not get posting to the hospitals which are reasonably infrastructured to suit to their qualifications, again is a matter which the authorities would address subject to pragmatics; a grievance redressal cell, if created would be of considerable value; it hardly needs to be mentioned that nothing in the impugned act comes in the way of doing that, since the government being the guardian of the citizens has parens patria power ..... . state of rajasthan, 1951 scc936 air1951sc467 1952 cri lj54 1952 scr110 wherein this court formulated the aforesaid principle in the following manner: (air ..... . state of rajasthan [harla ..... school tilak nagar, sagar road bikaner, rajasthan. 39 . dr. ..... book depot4shivsinghpura nawalgarh road sikar rajasthan. 13 . dr. .....
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