Court : Karnataka
..... high court was competent to frame rule for making provision for receiving the election petitions presented to the high court under section 81 of the representation of the people act. it is in that context that the supreme court elucidated the difference between ministerial act and adjudicatory act. it was observed, by ..... in the elections held to the badarpur legislative assembly constituency of assam. the contesting respondent filed an election petition under sections 80/81 of the representation of the people act, to challenge the election of the appellant. the election petition was presented before the stamp reporter-cum-oath commissioner of the high court ..... address the controversy involved in this case. it was in the - 28 - context of presentation of election petition under section 81 of the representation of the people act, 1951 that the supreme court discussed the difference between the ministerial function and adjudicatory function and further that by which authority and at which .....
Tag this Judgment!Court : Karnataka
..... / (cid:29) (cid:31) ?.@ st (cid:5) 6 7 st (cid:15)v aap [ z ) .0 . sd/- parvathi 75 it is interesting to notice the representation. the representation indicates few factors. they are, the muda had formed the layout and distributed the sites in the year 2001 itself. if the wife of the petitioner was aware that muda ..... what is further shocking is the brother-in-law of the petitioner applies for conversion before the deputy commissioner. the deputy commissioner directs spot inspection and report. two people are said to have inspected the property and given a report that agricultural status of the land still subsists. 7.2. he would submit that in the ..... that the petitioner has been benefited out of any transaction nor the wife of the petitioner was the sole applicant for grant of compensatory sites. there are 120 people whose lands were taken over by the mysore urban development authority ( muda for short), notwithstanding the lands have either been notified or de-notified or without notification .....
Tag this Judgment!Court : Karnataka
..... residence, language, etc., and doing acts prejudicial to maintenance of harmony. (1) whoever (a) by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or ..... upon careful perusal of the offending news article, reproduced (supra), it is crystal clear that there is no reference to any group or groups of people in the said article. the publication focuses totally on the complainant imputing that he had encroached upon public land where the foundation stone laying ceremony was proposed ..... supra only refer to the complainant, imputing that his activities are prejudicial to the hills. these words have no connection whatsoever with a group or groups of people or communities. hence, the foundational facts essential to constitute the offence - 19 - nc:2024. khc:38865 crl.p no.5694 of 2024 under section .....
Tag this Judgment!Court : Karnataka Dharwad
..... be considered for appointment, as rightly contended by learned counsel appearing for the private respondent, who is in the waiting list.6. it is relevant to reproduce another representation of the appellants inter alia made to the candidates of ews and unreserved category. that is at the penultimate and ultimate paragraphs of the proceeding dated 14.01.2020 ..... lord halsbury in quinn vs. leatham4.10. need for undertaking periodical recruitment process: (a) there is yet another aspect of great importance which is often lost sight of: people pursue education so that they become qualified inter alia for employment, public or private. ordinarily age restriction though variable is prescribed in the matter of public employment. if cut ..... article 12 of the constitution is 1 2023 scc online sc665- 4 - nc:2024. khc-d:11092-db wa no.100105 of 2024 bound by its representations made to the candidates who on that basis participated in the selection process and therefore cannot take a stand contrary to such .....
Tag this Judgment!Court : Karnataka
..... forward to execute sale deed reg respected sir, with reference to the above subject matter, we would like to submit your kind notice that, we have submitted a representation to the icici bank and mr. rupen patel on 04-07- 2023 expressing our interest to purchase the subject property for a total sale consideration of rs.36/- ..... owner of the land was insisted by the bank to give a corporate guarantee towards the finance availed of by the other parties to the jda. based on the representations of all the parties, the company agreed to give a corporate guarantee. the corporate guarantee was submitted by the company to the bank on 06-07-2018. ..... cheating in inducing the delivery of property, the following ingredients need to be proved: (i) the representation made by the person was false. (ii) the accused had prior knowledge that the representation he made was false. (iii) the accused made false representation with dishonest intention in order to deceive the person to whom it was made. (iv) the act .....
Tag this Judgment!Court : Karnataka
..... advisory board, within three weeks from the date the person is treated in terms of detention order. the reference should be accompanied by the grounds of detention, representation of the detenue if any and the report of the detaining authority. section 11 prescribes the procedure & functions of the board reads as under: procedure of ..... ). section 8 mandates disclosure of grounds of detention to the detenue within an outer limit of five days and provide him an opportunity of making a representation to the government against the proposed action. e) section 9 provides for constitution of advisory board by the chief justice of the high court of karnataka ..... raising the slogan bail is a rule and jail is an exception vide state of rajasthan vs. balchand @ baliay, air1977sc2447 social conditions have undergone catastrophic change and people are living in different times. the principles & maxims of law are not immutable; they have elements of relativity; their relevance is time & circumstance bound . .....
Tag this Judgment!Court : Karnataka Dharwad
..... subsequent rules. providing age-based exemption is an established practice and decision making authority should have considered their reasonable, legitimate and valid request articulated through representation which was submitted in time by the applicants.5.4 the crux of the case is that the provision of section 10(1)(vi) of the ..... the respondents ought to have considered their objection and representation, then the applicants who have legitimate expectation to be treated fairly as lady teachers have been - 12 - provided expressed exemption under the act, 2020 and ..... ) of act 2020 exempts certain category of teachers for being included in the excess teachers list. then the respondents are duty bound to consider the representation which is in their competency and take remedial measures.5.3.1 emphasizing that once the exemption option is exercised by any teacher-the applicants herein, .....
Tag this Judgment!Court : Karnataka Dharwad
..... subsequent rules. providing age-based exemption is an established practice and decision making authority should have considered their reasonable, legitimate and valid request articulated through representation which was submitted in time by the applicants.5.4 the crux of the case is that the provision of section 10(1)(vi) of the ..... the respondents ought to have considered their objection and representation, then the applicants who have legitimate expectation to be treated fairly as lady teachers have been - 12 - provided expressed exemption under the act, 2020 and ..... ) of act 2020 exempts certain category of teachers for being included in the excess teachers list. then the respondents are duty bound to consider the representation which is in their competency and take remedial measures.5.3.1 emphasizing that once the exemption option is exercised by any teacher-the applicants herein, .....
Tag this Judgment!Court : Karnataka
..... to the complainant and the relief sought from the insurance ombudsman. (3) no complaint to the insurance ombudsman shall lie unless 9 (a) the complainant makes a written representation to the insurer named in the complaint and (i) either the insurer had rejected the complaint; or (ii) the complainant had not received any reply within a period ..... of one month after the insurer received his representation; or (iii) the complainant is not satisfied with the reply given to him by the insurer; (b) the complaint is made within one year (i) after the order ..... it should apprise the party determinatively of the case he has to meet. time given for the purpose should be adequate so as to enable him to make his representation. in the absence of a notice of the kind and such reasonable opportunity, the order passed becomes wholly vitiated. thus, it is but essential that a party should .....
Tag this Judgment!Court : Karnataka
..... on a criminal charge or on the strength of facts or conclusions arrived at by a judicial trial. provided that the officer employee may be given an opportunity of making representation on the penalty proposed to be imposed before any order is made. true it is that the respondent-employee has been dismissed from service after holding a disciplinary enquiry - 14 ..... has traditionally been treated not just as a business but as a profession. the bombay provincial banking enquiry committee (1929-30) had famously observed banking is my brains and other people s money . funds are parked with the banks by broad segments of the public and this establishes a public trust which compels the banker to act with a greater care .....
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