Court : Karnataka
..... invoking section 319 crpc, is only a device by which the respondent seeks to initiate prosecution against dakshin beyond the period of limitation stipulated under the act.26. no doubt section 142 authorises the court to condone the delay in appropriate cases. we find no reason to condone the delay. the justification ..... . hence the instant slp.25. the question whether the respondent had sufficient cause for not filing the complaint against dakshin within the period prescribed under the act is not examined by either of the courts below. as rightly pointed out, the application, which is the subject-matter of the instant appeal purportedly filed ..... through its branch manager, was served solely to simaiya hariramani, the authorised signatory of the firm. the complaint dated 07th december 2015 under section 138 of the ni act before the court of judicial magistrate, balodabazar, chhattisgarh, was made against simaiya hariramani and the appellant. thus, in the present case, the firm has not .....
Tag this Judgment!Court : Karnataka
..... invoking section 319 crpc, is only a device by which the respondent seeks to initiate prosecution against dakshin beyond the period of limitation stipulated under the act.26. no doubt section 142 authorises the court to condone the delay in appropriate cases. we find no reason to condone the delay. the justification ..... . hence the instant slp.25. the question whether the respondent had sufficient cause for not filing the complaint against dakshin within the period prescribed under the act is not examined by either of the courts below. as rightly pointed out, the application, which is the subject-matter of the instant appeal purportedly filed ..... through its branch manager, was served solely to simaiya hariramani, the authorised signatory of the firm. the complaint dated 07th december 2015 under section 138 of the ni act before the court of judicial magistrate, balodabazar, chhattisgarh, was made against simaiya hariramani and the appellant. thus, in the present case, the firm has not .....
Tag this Judgment!Court : Karnataka
..... s/o late narayana udupa, aged about61years, pilathabettu village, bantwala taluk, post:punjalakatte-574233, d.k. district, (reg. under karnataka co-operative society act, 1959) senior citizen benefit not claimed. ...petitioner (by sri a. keshava bhat, advocate) and:1. the state of karnataka, represented by its secretary ..... keshava gowda karmaje, s/o krishnappa gowda, aged about60years, chokkady, sullia taluk, post: kukkujadka-574212, dk district, reg. under karnataka co-op. society act, 1959, (senior citizen benefit not claimed) ...petitioner (by sri a. keshava bhat, advocate) and:1. the state of karnataka, represented by its secretary ..... president ramakrishna rai s/o manjunatha rai, aged about54years, yedamangala , kadaba taluk, post: yedamangala - 574221, d k district, reg. under karnataka co-operative society act. ...petitioner (by sri a. keshava bhat, advocate) and:1. the state of karnataka, represented by its secretary, department of parliamentary affairs and legislation, vidhana .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... further clarification. but, there is no clarification in respect of the release of the vehicle for interim custody.12. section 60(3) and section 63 of the ndps act read as under: section 60(3): any animal or conveyance used in carrying any narcotic drug or psychotropic substance 2[or controlled substances]., or any article liable to ..... having heard both the counsel and perused the records, the following points would arise for consideration: i) whether the sessions judge being the special court under the ndps act, is empowered to release the vehicle in view of the judgment of the division bench of this court in crl.rp.no.623/2020?. ii) whether there is ..... the petitioner contended that the dcc is not releasing the vehicle, which has nothing to do with the offence committed by the driver of the vehicle under the ndps act. the vehicle in question was hired by some private party for transporting their goods. the accused/driver committed an offence by transporting the drugs, without the knowledge .....
Tag this Judgment!Court : Karnataka
..... the petitioner, sri adit chandan-goudar, learned counsel for respondent and sri gowtham raghunath, advocate appointed - 7 - nc:2024. khc:29888 wp no.13848 of 2024 by this court to act as mediator. these kind of efforts from the advocates will mitigate the suffering of the parties as well as the little ones who have to undergo the legal proceedings. the ..... .2. thereafter by order impugned the court had dismissed the i.a filed by the husband seeking injunction and the court has observed that there is no provision under the act to pass such an order. then as far as i.a.no.3 is concerned, father was granted visitation on every sunday from 8.00 am. to 10.00 p .....
Tag this Judgment!Court : Karnataka
..... s. power smart media private limited also known as m/s. power smart media (opc) private limited power tv trademark holder incorporated and registered under companies act, 1956 represented by its director dabbegatta gowda madhu lakshmana din number:08262. 81 no.7, 11th main, mathikere main road1t stage, gokula extension yeshwanthpur bengaluru - ..... 2. m/s. mitcon infraprojects pvt. ltd power tv: permitted company under ministry of information and broadcasting incorporated and registered under companies act, 1956 represented by its director mr. shrikant mitesh bhangdiya din number0262816 b-61, floor-6, plot no.210 'b' wing, mittal tower free press ..... media private limited also known as m/s. 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 .....
Tag this Judgment!Court : Karnataka
..... discharge her part of contract. this conduct of the plaintiff would not attract her readiness and willingness within the meaning of sec.16(c) of the specific relief act.44. it is, therefore patently clear that the respondent-plaintiff has failed to prove her readiness to perform her part of contract from the date of execution ..... question is, whether the respondent-plaintiff had proved her readiness and willingness to perform her obligations under the contract as envisaged under section 16(c) of the specific relief act, 1963 which mandates that - 23 - nc:2024:khc:20988-db rfa no.6 of 2013 plaintiff must plead and prove that he/she had performed or has ..... , the primary question for determination is, whether respondent-plaintiff has proved her readiness and willingness to perform her part of contract or not?.21. section 16 of the act as it stood at the material time (prior to amendment with effect from 1.10.2018), inter alia, provides:- 16. personal bars to relief. specific performance of .....
Tag this Judgment!Court : Karnataka
..... attached to this section relaxes this requirement in case of a document, not being a will, but has been registered in accordance with the provisions of the registration act, 1908 unless its execution by the person by whom it purports to have been executed, is specifically denied. 22.2. these statutory provisions, thus, make it incumbent ..... form of attestation would be necessary.22. it cannot be gainsaid that the above legislatively prescribed essentials of a valid execution and attestation of a will under the act are mandatory in nature, so much so that any failure or deficiency in adherence thereto would be at the pain of invalidation of such document/instrument of ..... krishnappa was in good state of health both physically and mentally and after revoking the second will, he had executed the last and third will and he has acted upon the same and in possession of the property. therefore, the plaintiff is not entitled for any share in the suit schedule properties. therefore the judgment and .....
Tag this Judgment!Court : Karnataka Dharwad
..... of accused on the ground that driver of offended vehicle had no valid and effective driving licence or other technical reasons since the provision of motor vehicles act pertaining to compensation is benevolent legislation. therefore, in this case also, insurer cannot deny its liability on technical ground that driver of the offended bulldozer ..... vehicle can drive construction equipment vehicle. there is no reference regarding licence required to drive the construction equipment vehicle in section 10 of the motor vehicles act, 1988 and hence it can be concluded that though it may be different class of vehicle, but falls under category of light motor vehicle.51. ..... mfa no.102473 of 2017 43. in the above judgment the hon ble apex court discussed noble intentions of legislature in enacting certain provisions of motor vehicles act, 1988 dealing with payment of compensation to the victims of motor vehicle accident. the tribunal, therefore interpret the provisions to the benefit of the victim.44 .....
Tag this Judgment!Court : Karnataka Dharwad
..... of accused on the ground that driver of offended vehicle had no valid and effective driving licence or other technical reasons since the provision of motor vehicles act pertaining to compensation is benevolent legislation. therefore, in this case also, insurer cannot deny its liability on technical ground that driver of the offended bulldozer ..... vehicle can drive construction equipment vehicle. there is no reference regarding licence required to drive the construction equipment vehicle in section 10 of the motor vehicles act, 1988 and hence it can be concluded that though it may be different class of vehicle, but falls under category of light motor vehicle.51. ..... mfa no.102473 of 2017 43. in the above judgment the hon ble apex court discussed noble intentions of legislature in enacting certain provisions of motor vehicles act, 1988 dealing with payment of compensation to the victims of motor vehicle accident. the tribunal, therefore interpret the provisions to the benefit of the victim.44 .....
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