Court : Karnataka
..... government central press, bangalore, government branch press, mysore and government branch press, mercara, to whom the provisions of the industrial -:63. :- employment (standing orders) act, 1946 (central act xx of 1946), are applicable. (b) persons in casual employment; (c) persons subject to discharge from service on less than one month s notice; (d) ..... and (iii) report dated 17.09.2016 in reference no.compt/uplok/glb-5215/2012/are-5, issued under section 12(3) of the karnataka lokayukta act, 1984 ( kl act for short) (annexure c ). brief facts of the case:3. since, these petitions are concerned with three different petitioners, the facts of the case, ..... a university; explanation- in this clause, co-operative society means a co-operative society registered or deemed to have been registered under the karnataka co-operative societies act, 1959, and university means a university established or deemed to be established by or under any law of the state legislature; ---*--- section 9:9. provisions .....
Tag this Judgment!Court : Karnataka
..... punishable under sections 498a and 304b r/w 34 of the indian penal code ( ipc for short) and sections 3 and 4 of the dowry 3 prohibition act ( d.p. act for short) and sentencing them to undergo life imprisonment and to pay fine of rs.2,00,000/- each and in default of payment of fine to undergo ..... by the deceased for unknown reasons is, under the circumstances, wholly unacceptable. though the case rests on circumstantial evidence, the presumption under section 113-b of the evidence act has rightly been drawn and the appellant is convicted under section 304-b ipc. having given our careful consideration we agree with the findings of the courts below.7. ..... two wheeler vehicle and further subjected the deceased to mental and physical cruelty and harassment for dowry, thereby committed offences punishable under section 4 of the d.p. act and section 498a of ipc.8. the trial court further recorded a finding that the prosecution proved beyond all reasonable doubt that the 8 accused being the husband, .....
Tag this Judgment!Court : Karnataka
..... others ((1985) 3 scc 545) on the point that procedure established by law must be reasonable, just and fair. authority exercising statutory power must act reasonably, otherwise the procedure prescribed by the statute itself would be deemed to be un-reasonable and violative of article 21 of the constitution on the ..... the persons concerned;(xxvii) that the lokayukta, while dealing with chapter-22, recommended prosecution of the petitioner under the provisions of prevention of corruption act, 1988 and having regard to the position of the petitioner as chief minister, the recommendation must be construed to be a recommendation of removal;(xxviii ..... office or otherwise state, its instrumentalities or state owned companies/corporation or other bodies and authorities, either in collusion with private parties or otherwise for various acts of omission and commission leading to various illegalities, irregularities, events and executive decisions set out in clauses (i) to (viii) and also pertaining to .....
Tag this Judgment!Court : Karnataka
..... in exercise of the powers conferred by sub-section (1) of section 14 of the karnataka educational institutions (prohibition of capitation fee) act, 1984 (karnataka act 37 of 1984), the government of karnataka hereby makes the following rules, further to amend the karnataka conduct of entrance test for selection ..... that rule 4 of the karnataka conduct of entrance test for selection and admission to postgraduate medical and dental degree and diploma courses act, 2006 contemplates method of admission in unaided professional educational institutions association of all unaided professional educational institutions whether minority or non-minority imparting ..... . the state government under the provisions of section 18 of the karnataka professional education institutions (regulation of admission and determination of fee) act, 2006 which contemplates power of state government to issue directions wherein the state government may give such directions to any professional educational institutions .....
Tag this Judgment!Court : Karnataka
..... measures for the maintenance of standards in higher education) regulations, 2010. they shall apply to every university established or incorporated by or under a central act, provincial act or a state act, every institution including a constituent or an affiliated, college recognized by the commission, in consultation with the university concerned under clause (f) of ..... regulations. 3. consequences of failure of the universities to comply with the recommendations of the commission, as provision of section-14 of the university grants commission act. 1956: if any university grants affiliation in respect of any course of study to any college referred to insub-section (5) of section 12-a in ..... of retirement particularly where it has the discretion to do so as also the legislative powers. we must hasten to add that no provision of any act has been challenged in these writ petitions. all that the plea of the appellants in the original writ petitions was that the state government must implement .....
Tag this Judgment!Court : Karnataka
..... petitioners are knocking at the doors of writ court for laying a challenge to the proceedings taken up under the provisions of prevention of money laundering act, 2002 ('act' for short) and to the provisional attachment order dated 28.9.2021 made by the respondent at annexure-a; after service of notice, the ..... country, consistent with india's international obligation, as legislated; this being the position, such on argument militates against the legislative logic and policy considerations of the act. d. a legislation is not a slave of its dictionary clause: (i) the vehement submission canvassed on behalf of the petitioners that the expression 'corresponding ..... integrity and sovereignty...". b. un conventions on prevention of money laundering and india s legislative response: (i) the parliament enacted and structured the pml act to implement political declaration and global programme of action adopted by the un general assembly at its 17th special session in 1990 and the political declaration .....
Tag this Judgment!Court : Karnataka
..... institution under section2f) of the1988act: (i) there is force in the submission of learned senior advocate mr. nagesh that in the dictionary clause of the act, religious institution has been defined and the impugned order transcends this definition in extending the restraint beyond the mutt, to even the educational institutions run under its ..... amongst the masses; the shrines & religious places as holy as the golden temple in amritsar were being misused for creating communal disharmony & hatred. these nefarious acts and other of the kind, the statute in question seeks to proscribe and makes them punishable. all other offences howsoever gruesome, would not fit into the ..... the penalties; sub-section (1) of section 8 provides for disqualification & removal of employees of any religious institution on conviction for the offence under this act; sub-section (2) of section 8 empowers the criminal court to injunct the accused from exercising the powers and duties of his office/post in the .....
Tag this Judgment!Court : Karnataka
..... institution under section2f) of the1988act: (i) there is force in the submission of learned senior advocate mr. nagesh that in the dictionary clause of the act, religious institution has been defined and the impugned order transcends this definition in extending the restraint beyond the mutt, to even the educational institutions run under its ..... amongst the masses; the shrines & religious places as holy as the golden temple in amritsar were being misused for creating communal disharmony & hatred. these nefarious acts and other of the kind, the statute in question seeks to proscribe and makes them punishable. all other offences howsoever gruesome, would not fit into the ..... the penalties; sub-section (1) of section 8 provides for disqualification & removal of employees of any religious institution on conviction for the offence under this act; sub-section (2) of section 8 empowers the criminal court to injunct the accused from exercising the powers and duties of his office/post in the .....
Tag this Judgment!Court : Karnataka Dharwad
..... or harassment against his wife, deceased ratnavva in connection with the demand for dowry. it is only thereafter the presumption under section 113b of the indian evidence act against the accused would arise regarding dowry death.46. insofar as the approach of the learned trial sessions judge in coming to the conclusion that commission of ..... prosecution to unassailably substantiate the ingredients of the two offences by direct and convincing evidence so as to avail the presumption engrafted in section 113b of the act against the 41 accused. proof of cruelty or harassment by the husband or her relative or the person charged is thus the sine qua non to ..... of conviction and order sentencing the accused for the offences punishable under sections 323, 498-a, 302 of ipc and section 3 and 4 of dowry prohibition act suffers from illegality warranting interference in exercise of appellate jurisdiction of this court?. (iv) what order?.20. the learned trial judge has not dealt with the ingredients .....
Tag this Judgment!Court : Karnataka
..... ; (ii) where there is failure of principles of natural justice; or (iii) where the orders or proceedings are wholly without jurisdiction or the vires of an act is challenged. (see whirlpool corpn. v. registrar of trade marks [(1998) 8 scc1 .) the present case attracts applicability of the first two contingencies. moreover, ..... order along with assessee objections.11. learned counsel for the respondent submitted that any short coming relates to twin ingredients of section 16 263 of act 1961 which cannot be agitated in the present petition.... petitioner has a remedy before the respondent by submitting his explanation. if his explanation is satisfactory ..... sri.dilip m. advocates) impugned this writ petition is filed under articles226and227of constitution of india praying to declare that the the respondent under section263of the act are opposed to the said provisions and therefore without jurisdiction and etc. initiated by proceedings this writ petition having been heard and reserved on0409.2019 .....
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