Court : Karnataka
..... tilak nagar police station, chembur tilak nagar mumbai-400089 3. the sain processing and weaving mills pvt. ltd., a company incorporated under the companies act, 1956 having its office at3d floor, executive office hotel sahara star vile parle mumbai maharastra-400021 presently represented by its authorized signatory dwarakanath govind4 sri jageshwar ..... kapila marga siddarthanagar mysore-570011 petitioner (by sri l. srinivasa babu, advocate) and:1. sahara prime city ltd., a company incorporated under the companies act, 1956 having its office at3d floor, executive office hotel sahara star vile parle mumbai maharastra-400021 presently represented by its authorized signatory sri k.b.nagaraj ..... rule 1 and 2 of cpc restraining defendants, their agents, servants or any persons acting on behalf of the defendants are restrained from alienating the suit schedule property either by their own acts or through the acts of such of those persons instructed by the defendants to anyone pending disposal of the .....
Tag this Judgment!Court : Karnataka Dharwad
..... favour someone; or whether the process adopted or decision made is so arbitrary and irrational that the court can say:"the decision is such that no responsible authority acting reasonably and in accordance with relevant law could have reached"; (ii) whether public interest is affected. if the answers are in the negative, there should ..... advocate for sri rakesh b.bhatt, advocate, advocate for r2) this writ appeal is filed under articles226and227of the constitution of india and section4of the karnataka high court act, 1963 praying to pass a judgment and order, a) setting aside the impugned judgment and order dated06h of july, 2023 of the learned single bench of ..... no.100625/2023 and dismiss the writ petition. in writ appeal no.100567 of2023between: raghava construction india pvt. ltd., a company incorporated under the provisions of the companies act, 2019. having registered office at, raghava pride, h.no.8-2-603/1/27 and28 road no.10, banjara hills, hyderabad-500034, represented herein by its .....
Tag this Judgment!Court : Karnataka Dharwad
..... favour someone; or whether the process adopted or decision made is so arbitrary and irrational that the court can say:"the decision is such that no responsible authority acting reasonably and in accordance with relevant law could have reached"; (ii) whether public interest is affected. if the answers are in the negative, there should ..... advocate for sri rakesh b.bhatt, advocate, advocate for r2) this writ appeal is filed under articles226and227of the constitution of india and section4of the karnataka high court act, 1963 praying to pass a judgment and order, a) setting aside the impugned judgment and order dated06h of july, 2023 of the learned single bench of ..... no.100625/2023 and dismiss the writ petition. in writ appeal no.100567 of2023between: raghava construction india pvt. ltd., a company incorporated under the provisions of the companies act, 2019. having registered office at, raghava pride, h.no.8-2-603/1/27 and28 road no.10, banjara hills, hyderabad-500034, represented herein by its .....
Tag this Judgment!Court : Karnataka
..... motu or otherwise which, according to him, would lead to the truth. . 22. since the husband has made an application under section 45 of the indian evidence act for subjecting his wife to the medical examination by the medical board (which may consists of medical expert and psychiatrist), it may certainly offend the legal right of ..... 2003) 4 scc493 sharda v. dharmpal has taken into consideration the legal right of the spouse for securing divorce under section 13(1)(iii) of the hindu marriage act, 1955, wherein the court has also affirmed the action of the court in subjecting the spouse to undergo the medical examination, (while also analyzing the provisions of the ..... judgment of madras high court reported as air1975madras 285, r. lingaraj v. parvati, wherein the single judge of the madras high court while analyzing the provisions of lunacy act, 1912, has observed that the unsoundness of mind of a person, is one stage, which make him totally unsuited to manage himself and his affairs and such .....
Tag this Judgment!Court : Karnataka Dharwad
..... proviso 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 ..... does not make any difference in proving execution of the will. the will might have been registered, but that does not prove the intention, willingness and voluntary act on part of the testator to execute the will and bequeathed the property in favour of dw.1. proof of execution of will is a component of proving .....
Tag this Judgment!Court : Karnataka Dharwad
..... is registered will, but it is not a compulsorily registerable document whereas the sale deed is compulsorily registerable document as per section 17 of the indian registration act. therefore where in the case the registered sale deed is questioned unless it is annuled or set aside the registration of sale deed has the presumption of its ..... 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 ..... 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 .....
Tag this Judgment!Court : Karnataka Dharwad
..... is registered will, but it is not a compulsorily registerable document whereas the sale deed is compulsorily registerable document as per section 17 of the indian registration act. therefore where in the case the registered sale deed is questioned unless it is annuled or set aside the registration of sale deed has the presumption of its ..... 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 ..... 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 .....
Tag this Judgment!Court : Karnataka
..... bangalore-56037. respondents (by sri. adinarayan.,advocate for r1 to r4; sri. a. madhusudhan rao., advocate for r5.) this mfa is filed u/s301) of employee's compensation act against the judgment and award dated0303.2016 passed in eca no.70/2014 on the file of the xxi additional small cause judge, & xix acmm, member, mact, bangalore, ..... at 12% per annum and directed respondent no.2 - insurer to pay the compensation awarded. being aggrieved the present appeal is filed by the insurer. 3 hereinafter referred as 'act' - 4 - nc:2024. khc:7770 mfa no.3856 of 2016 5. learned counsel for the insurer vehemently contended that respondent no.1 - owner did not follow the ..... hence, in the said case, the policy insurance was a motor policy whereas in the present case the policy has been specifically issued under the provisions of the act. hence, the liability of the insurer under the present policy being contractual one, the actual wages of the deceased was required to be taken into consideration.20. .....
Tag this Judgment!Court : Karnataka
..... are prone to criminal tendencies and have proved their susceptibility to indulge in criminal activities by being found guilty (by a court) of having perpetrated a criminal act. one of the discernible purposes of imposing the penalty of imprisonment is to render the society immune from the criminal for a specified period. it is, therefore ..... are prone to criminal tendencies and have proved their susceptibility to indulge in criminal activities by being found guilty (by a court) of having perpetrated a criminal act. one of the discernible purposes of imposing the penalty of imprisonment is to render the society immune from the criminal for a specified period. it is, therefore ..... it was, therefore, held in sunil batra case, that the solitary confinement, even if mollified and modified marginally, is not sanctioned by section 30 of the prisons act for prisoners under sentence of death . the crucial holding under section 30(2) is that a person is not under sentence of death , even if the sessions .....
Tag this Judgment!Court : Karnataka
..... above said evidence, prosecution proved beyond all reasonable doubt that accused has not committed offence punishable under sections 366 and 376 of ipc and section 6 of pocso act. by the evidence of material witnesses, prosecution has proved that accused no.1 has committed an offence of aggravated penetrative sexual assault on the victim girl and thereby ..... the said document as an admissible evidence. considering all these lapses, facts and circumstances and interpreting section 35 of indian evidence 41 crl.a.no.873/2017 act, the hon ble apex court held that the school leaving certificate was not proved by the prosecution. the evidence of pw-2 regarding her date of birth is ..... penetrative sexual assault repeatedly on the said minor girl in different places and thereby, accused no.1 had committed an offence punishable under section 6 of pocso act?. 23 crl.a.no.873/2017 iv) whether prosecution proved beyond reasonable doubt that accused no.1 had kidnapped minor victim on 13.10.2013 and when .....
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