Court : Karnataka
..... the accused (petitioner herein) guilty for the alleged offences punishable under sections 7(i), 7(ii) read with section 16(a)(i) of the prevention of food adulteration act, 1954, warrants any interference at the hands of this court?.10. the learned counsel for the revision petitioner in his argument, canvassed mainly two points. the first point ..... high court government pleader for the respondent - state in his argument submitted that, it is not necessary that, under clause (l) of section 2 (ia) of the act, a commodity should be necessarily injurious to health. he further submitted that the non-mentioning of the batch number and non-printing of 'best before' on the cover being ..... ' and 'veg' or 'non-veg' symbol, which is clearly an offence under section 7(i) and 7(ii) punishable under section 16(1)(a) of the act.23. it is analysing these facts and appreciating the materials placed before them in their proper perspective, since both the trial court and the sessions judge's court have properly .....
Tag this Judgment!Court : Karnataka
..... fujian province, pr china represented by its dirctor. 5 . m/s telangana state power generation company ltd., a company incoroporated under the provisions of the companies act, 1956 having its corporate office at vidyut soudha, tsgenco khairatabad, hyderabad telangana 500 082 represented by its managing dirctor. 3 6 . m/s tata consulting ..... engineers limited a company incorporated under the provisions of the companies act, 1956 having its registered office at: elphinstone building, 10 veer nariman road mumbai 400 001 also having a branch office at no.71, cunningham road ..... . state of karnataka [michigan rubber (india) ltd. v. state of karnataka, (2012) 8 scc216 it was held that if the state or its instrumentalities acted reasonably, fairly and in public interest in awarding contract, interference by court would be very restrictive since no person could claim fundamental right to carry on business with .....
Tag this Judgment!Court : Karnataka
..... charge-sheet against the accused. therefore, pw-20 being a responsible taluk executive magistrate had conducted tip of the accused. as per section 9 of the evidence act, facts which establish the identity of an accused are relevant. identification parade belongs to 31 investigation stage and if adequate precautions are ensured, the evidence with regard ..... positive and consistent, in order to secure conviction. therefore, domain is vested with the trial court to appreciate the evidence under 29 section 3 of the indian evidence act, 1872. but the evidence must be weighed and not counted. the test is whether the evidence has a ring of trust, is cogent, credible and trustworthy or ..... of statement by accused. it is held that mere absence of independent witnesses is not a ground to discard seizure evidence under section 27 of the evidence act. on all these grounds, the learned hcgp prays for allowing the appeal and thereby to set aside the acquittal judgment rendered by the trial court and .....
Tag this Judgment!Court : Karnataka
..... prove how the accident occurred. the courts have also applied the principle of res ipsa loquitur in cases where no direct evidence was brought on record. the act itself contains a provision which concerns with the consequences of driving dangerously alike the provision in ipc that the vehicle is driven in a manner dangerous to public ..... families, criminal courts cannot treat the nature of the offence under section 304-a ipc as attracting the benevolent provisions of section 4 of the probation of offenders act. while considering the quantum of sentence to be imposed for the offence of causing death by rash or negligent driving of automobiles, one of the prime considerations ..... .21/2018 of respondent vijayanagar police registered on the basis - 2 - crl.p no.1133 of 2019 of offences punishable under section134a & b) and187of motor vehicles act and section279 428 and429of ipc, which is pending on the file of hon ble metropolitan magistrate traffic court-ii, at bengaluru in c.c.no.5016/2018. this .....
Tag this Judgment!Court : Karnataka
..... filed under sec.11(6) of the arbitration and conciliation act1996 praying to exercise its jurisdiction and power under section116) of the arbitration and conciliation act, 1996 and to appoint an arbitral tribunal consisting of sole arbitrator to adjudicate and resolve the disputes that have arisen under the shareholders agreement dated2701/2014 ..... c) in conciliation proceedings with three conciliators, each party may appoint one conciliator and the parties may agree on the name of the third conciliator who shall act as the presiding conciliator.-. 6 - cmp no.469 of 2022 (2) parties may enlist the assistance of a suitable institution or person in connection with ..... that the appointment of one or more conciliators be made directly by such an institution or person: provided that in recommending or appointing individuals to act as conciliator, the institution or person shall have regard to such considerations as are likely to secure the appointment of an independent and impartial conciliator and .....
Tag this Judgment!Court : Karnataka
..... their occupancy by virtue of a family arrangement cannot be countenanced in law. whenever a person dies, the right to succeed, is as per the indian succession act. therefore, appeal is meritless and sought for dismissal of the appeal.14. in view of the rival contentions of the parties, following points would arise for consideration ..... the family as the authorized representative for all transaction and dealings. this evidence of the plaintiff clearly indicated the fact that g.b.c.coelho always acted with authority on behalf of her family members while representing in all the family transactions and dealings and the fact that no children had objected her authority ..... is the wife of alphonsus coelho represented the estate of deceased alphonsus coelho in the family settlement. it is further contended that 11 the said settlement was acted upon by the parties and as such suit is not maintainable. alternatively 5th defendant contended that the family settlement is not accepted, 5th defendant is in .....
Tag this Judgment!Court : Supreme Court of India
..... or meaning, hence we hold that the nature, scope and sweep of the power entrusted to the central government to cause exception or modification in a central act, state act or provincial act resembles the power 39 exercisable by it under section 67(2) and is subject to the same limitations. any attempt, if made to widen the scope ..... exception and if section 72(1) is dissected into parts for its better understanding, it reveals that: (i) when a body corporate constituted under a central act, state act or provincial act for the existing state of punjab or for any part thereof, (ii) serves the needs of the successor states or by virtue of reorganization of the state ..... 72 clearly points out that the parliament was making the provision in section 72 with regard to the bodies corporate which had been constituted under a central act, state act or provincial act and that is why the legislative authority for making a law in respect of these bodies corporate was not specified. it may be for the reason .....
Tag this Judgment!Court : Karnataka
..... and another v. hari shankar jain and ors. reported in (1978-ii- llj-399) specifically held that the industrial employment (standing orders) act is an act specifically designed to define the terms of employment of the workmen in the industrial establishments to give the workmen collective voice defining the terms of ..... not define their conditions of service and he inevitability f industrial strife in such a situation, the legislature intervened and enacted the industrial employment standing orders act. it was stated in the statement of objects and reasons; "experience has shown that "standing orders" defining the conditions of recruitment, discharge, disciplinary ..... -1, shrushti anmol apartments siddalingeshwara layout tindlu, vidyaranyapura bengaluru-97 2. bharat electronics workers union registered trade union under the trade the trade union act, 1926 (reg no.27/50-81) (represented by its general secretary) having its office at154 shri lakshmi nivas first floor shri jayakrishna complex dodda .....
Tag this Judgment!Court : Karnataka
..... inasmuch as while deciding aspects, for example relating to a specific performance claim before an arbitral tribunal, all the considerations mentioned under the specific relief act, 1963 which would include equitable consideration would have to be applied to by the arbitral tribunal. 37.4. ramnath iyers law lexicon - ii edition ..... r1; sri. mudit sharma, advcoate and sri. ashok kumar aggarwal, advocates for r1 (noc)) this commercial suit is filed under section34of the arbitration and conciliation act, 1996, praying to set aside the arbitral award dated0710/2021 passed by the sole arbitrator, the second respondent herein, in entirety and etc. ***** this commerical ..... the9h day of september, 2022 before the hon'ble mr justice suraj govindaraj commercial suit no.1 of2022between: iti limited a company incorporated under the companies act, 1956 having its registered address at iti bhawan, dooravaninagar bangalore-560016 rep. by its authorized signatory mr. raja ram pandey petitioner (by sri. c .....
Tag this Judgment!Court : Karnataka
..... and cited by amicus curiae; b. whether requirement of previous approval68from the requisite authority before conducting any enquiry, inquiry or investigation into an offence under6section17 of p.c. act, would act as a bar on the special judge for passing an order under section1563) of cr.p.c. vis- -vis the public servants, i.e., accused nos.1 ..... cr.p.c.?. (b) whether requirement of previous approval from the requisite authority before conducting any enquiry, inquiry or investigation into an offence under section17 of p.c. act, would act as a bar on the special judge for passing an order under section1563) of cr.p.c. vis- -vis the public servants, i.e., accused nos.1, ..... bench. iii(b). whether requirement of previous approval from the requisite authority before conducting any enquiry, inquiry or investigation into an offence under section17 of p.c. act, would act as a bar on the special judge for passing an order under section1563) of cr.p.c. vis- -vis the public servants, i.e. accused nos.1 .....
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