Court : Karnataka
Reported in : [1993]77CompCas97(Kar); ILR1992KAR1262; 1992(2)KarLJ614
..... mentioned in the petition as well as in the prayer portion of the petition. the contention of the petitioners is that section 155 of the companies act is wide enough to enable the petitioners to seek rectification of the register of members of the first-respondent company pertaining to other members other than the ..... , and, therefore, non-compliance with the requirements prescribed thereunder make the instrument not duly stamped and, therefore, it shall not be received in evidence, registered or acted upon. 42. of course, with regard to this illegality, it is the contention of sri jayaram, learned counsel for respondents nos. 3 to 6 that respondents ..... petitioners except the fourth petitioner; therefore, no injustice would be caused to the parties if the court declined to exercise the jurisdiction under section 155 of the act. accordingly, the learned company judge dismissed the petition keeping it open to the petitioners to establish their right, if any, by resorting to any other remedy. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1992KAR1504; 1992(3)KarLJ96
..... and dyavasandra villages in bangalore north taluk, the notification was published in the official gazette on 24-2-1977. the final notification under section 19 of the act dated 2-8-1978 acquiring the land for the purposes of the scheme was published in the official gazette on 31st august 1978, awards were passed on various ..... commissioners were pending consideration at the relevant time. however, it transpires that the 1st respondent-authority in pursuance of the scheme prepared under section 17 of the act had sought the acquisition of these lands by the impugned notifications. the grievance of the petitioners is that they were not aware of the scheme nor were ..... belonging to them on the ground personal to them i.e. that they were not served with the notice as required under section 17(5) of the act, but while allowing the writ petitions, the court quashed the entire final notification and the preliminary notification regarding acquisition which covered 1,334 acres 12 guntas of .....
Tag this Judgment!Court : Karnataka
Reported in : 1994(1)ALT(Cri)303; 1993CriLJ2554; ILR1993KAR1331; 1993(2)KarLJ54
..... there is little to shock the conscience if he is punished for his transgression. the community, not unnaturally, resents that any of its members should do an act which it has forbidden in public interest and criminal justice, which is but that resentment of the community universalised, is not basically founded on unreason. in its ..... according to this witness, the appellant has developed psychopathic condition with certain fixed ideas known as obsession and he was not in a position to understand the acts committed by him and its natural consequences. according to this witness, after the appellant joined his parents and an atmosphere was created conducive to normalcy, he ..... regn. no. aay 3440. after subjecting the revolver for ballistic expert and after obtaining order from the deputy commissioner to prosecute the appellant under the indian arms act, he submitted a charge sheet on 9-11-1981. 10. the records of the trial court disclose that, initially, charges were framed on 23-11-1982. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1994Kant12; II(1993)DMC274; ILR1993KAR2212; 1993(2)KarLJ599
..... court. the relevant paras of the judgment are extracted hereunder:'section 13-b is introduced into the statute book by means of the marriage laws (amendment) act, 1976. it permits, for the first time, dissolution of a hindu marriage by mutual consent of parties, provided the parties have been living separately after ..... be fruitful. in thecircumstances the only alternative is to consider whether it is permissible to grant divorce by mutual consent.11. before the hindu marriage (amendment) act, 1976, the relationship between wife and husband concerned was one of a sacrament. but, by 1976 amendment the rigidity in continuing the relationship is liberalised. the ..... viz., decree of divorce.5. in support of their rival contentions, counsel appearing for both sides addressed their arguments. as required under the hindu marriage act efforts were made by the courtto bring about re-conciliation. both parties are educated and capable of understanding the effect of dissolution upon their children. the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR2605; 1994(3)KarLJ378
..... , shall vest absolutely in the state government and the state government shall, subject to the provisions of the mines and minerals (regulation and development) act, 1957 (central act no. 67 of 1957), have all the powers necessary for the proper enjoyment or disposal of such rights.'as noted earlier, this amended provision is ..... any lands whatsoever, shall vest absolutely in the government, and the government shall, [subject to the provisions of mines and minerals (regulation and development) act, 1948 (central act liii of 1948)], have all the powers necessary for the proper enjoyment or disposal of such rights:provided that- (1) nothing in this section ..... , and mr. justice dodakalegowda, supra.5. by way of historical fact, it may be noted that when karnataka state was formed under the states' reorganization act, 1956, various areas belonging to the erstwhile mysore state, erstwhile madras state, erstwhile hyderabad state and erstwhile bombay state and coorg were amalgamated and that resulted .....
Tag this Judgment!Court : Karnataka
Reported in : 1996CriLJ1747; ILR1996KAR685; 1996(2)KarLJ137
..... . he raised an objection that this court is performing the role of both prosecutor and deciding the case. this court over ruled the objection as the contempt of courts act provides for the court to decide the questions relating to contempt, even if the contempt is in relation to this court. it was held that the documents produced by ..... court and that the said statements interfere or tend to interfere with due course of the judicial proceedings, which is punishable under section 12 of the contempt of court's act, 1971. the statements of the accused which amounted to contempt were set out in the charge. the accused pleaded not guilty to the above charges. 7. sri a. b ..... actions and committing an apparent fraud. he further contends that it is dangerous for any member of the judiciary to take shelter under contempt of courts act and that the contempt of court's act is a law enacted to pamper the false ego of such naive members of the judiciary and/or to suppress people's right to question any .....
Tag this Judgment!Court : Karnataka
Reported in : 1996(2)ALT(Cri)12; 1996CriLJ3103; ILR1996KAR1602; 1996(2)KarLJ169
..... case, i am inclined to accept the argument of the learned counsel for the respondents that the evidence in this case does not show that the accused have committed any acts of cruelty within the meaning of these explanations. as pointed out by the learned magistrate, in ex. p1 there is nothing to show that the accused demanded rs. 18, ..... a non-compoundable offence which does not come within the table given under s. 320, cr.p.c. 6. the learned counsel of the respondents argued that this court can act under s. 482, cr.p.c. and grant permission to compound. i do not think this argument can be accepted. a statutory bar under s. 320(9), cr.p. ..... an offence which is not compoundable, cannot be given at all. he submitted that in the decision of the supreme court referred to in basavaraju's case, the supreme court acted under the plenary jurisdiction of the supreme court under art. 142 of the constitution which powers are not available to either the high courts or to the subordinate criminal courts .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR2826; 1996(3)KarLJ537
..... have been held in favour of the landlord. being aggrieved by the findings, the tenant approached the district court under section 50(2) of the karnataka rent control act. the learned iii additional district judge has confirmed the order of the lower court. the learned district judge raised the following points for his consideration, namely,1. ..... only in cases where the subordinate court has exercised a jurisdiction not vested in its by law or has to exercise a jurisdiction so vested, or has acted in exercises of jurisdiction illegally or with material irregularity than the revisional jurisdiction of the high court can be properly invoked.'he also relied upon another decision in ..... comforts of the persons in the evenings of the life. but these observations have been made while disposing of the case under section 50(1) of the krc act. the sole contention of the learned counsel for the landlord is that now the facts cannot be reopened. they have become conclusive. i have given thought over this .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR3136; 1996(7)KarLJ426
..... , against the exercise of writ jurisdiction by the high courts in educational matters in the case of dental council of india v. harpreet haur bal, of the judgment it has been held that:-'there are many pronouncements of this court cautioning against exercise of jurisdiction characterised more by benevolence than ..... of staff, equipment, accommodation, training and other facilities for medical education;'70. pursuant to the powers conferred under sections 19a and 33 of the central act, the council has framed the following regulations material for the present purposes, namely,(i) minimum standard requirement for a medical college for 100 admissions annually, ..... education required for granting recognised medical qualifications (other than post-graduate medical qualifications) by universities or medical institutions in india, section 15 of the act was also amended to disqualify the holder of unrecognised medical qualification to practice medicine in any state or to hold any office as physician or .....
Tag this Judgment!Court : Karnataka
Reported in : 1998ACJ1427; ILR1997KAR1491
..... damages', that is towards the pecuniary loss and also loss of expectation of the life and the mental agony suffered by the claimants and the tribunal has acted illegally in not awarding the claim. the learned counsel for the appellants further contended that the claimants are entitled to realise the compensation money from all the ..... of respondent no. 3, is always subject to the terms, exceptions, conditions and limitations of the policies and the relevant provisions of and exceptions under motor vehicles act and rules framed therein under. the respondent no. 3, further alleged that his responsibility depends on the validity at the time of registration certificate, the validity of ..... well as for the loss of expectation of life caused by untimely death of i.k. gudinho and the mental agony suffered by the applicants from the act of respondents. the claimants further alleged that they incurred lot of expenditure in the medical treatment of the deceased from the date of accident till he expired .....
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