Court : Karnataka Dharwad
..... two appeals. it is necessary to observe that, such principles have evolved over the years and crystallized into settled principles of law , these are: i) section 134 of indian evidence act, 1872, enshrines the well-recognized maxim that evidence has to be weighed and not counted. in other words, it is the quality of evidence that matters and not the quantity ..... no.200113 of 2017 para 43 of the judgment it is observed by the allahabad high court that it is settled that, the testimony of single eye witness can be acted upon if otherwise reliable and corroboration required only when his evidence is open to doubt and suspicious. a close relative, who is a natural witness, cannot be recorded as an .....
Tag this Judgment!Court : Karnataka Dharwad
..... two appeals. it is necessary to observe that, such principles have evolved over the years and crystallized into settled principles of law , these are: i) section 134 of indian evidence act, 1872, enshrines the well-recognized maxim that evidence has to be weighed and not counted. in other words, it is the quality of evidence that matters and not the quantity ..... no.200113 of 2017 para 43 of the judgment it is observed by the allahabad high court that it is settled that, the testimony of single eye witness can be acted upon if otherwise reliable and corroboration required only when his evidence is open to doubt and suspicious. a close relative, who is a natural witness, cannot be recorded as an .....
Tag this Judgment!Court : Karnataka
..... ble chief minister of karnataka for commission of offences under sections 7, 9, 11, 12 and 15 of the prevention of corruption act, 1988 ( pc act ) ad sections 59, 61, 62, 201, 227, 228, 229, 239, 314 316(5), 318(1), 318(2), 318(3), 319, 322, 324, ..... 1). 155.2. secondly, under article 163(1) the discretionary power of the governor extends to situations, wherein a constitutional provision expressly requires the governor to act in his own discretion. 155.3. thirdly, the governor can additionally discharge functions in his own discretion, where such intent emerges from a legitimate interpretation of ..... encloses the decision of the competent authority. the decision that is communicated reads as follows: decision of the competent authority under section 17a of prevention of corruption act, 1988 and218 of bharatiya nagarik suraksha sanhita, 2023. 01. petition from sri t.j.abraham seeking grant of sanction for prosecution of shri siddaramaiah, hon .....
Tag this Judgment!Court : Karnataka
..... section 96 of the cpc, which deals with appeals from decrees. parties often raise 47 multiple grounds that are not legally permissible under the arbitration act, leading to unnecessary litigation and inefficiency. this practice contradicts the legislative intent behind arbitration, which aims for finality and efficiency in dispute resolution.47. ..... resolution, has now become an integral part of the indian legal system. the comprehensive statute dealing with arbitrations, that is, the arbitration and conciliation act, 1996, is a complete code in itself and is in tune with the international standards set out in model law on international commercial arbitration adopted ..... judge (commercial court) at bengaluru, dismissing each of the said arbitration suits filed by the appellant/contractor, under section 34 of the arbitration and conciliation act, 1996.2. the brief facts of the cases necessary for adjudication, are as under: the appellant / contractor was a successful bidder for 14 projects .....
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
..... 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
..... solicitor general. it was then submitted that the rights of the oci cardholders cannot be claimed beyond the notification issued under section 7b of the citizenship act. he submitted that therefore, the rationale lies in not grouping the oci cardholder with indian citizen for applying 371j reservation. 4.5 learned additional ..... undisputedly stated. the petitioner stayed upto 4th december 2018 in the foreign country- britain. he submitted that by virtue of section 9 of the citizenship act, which contemplate the circumstances leading to termination of citizenship, the petitioner s citizenship of india ceased. it was the next submission that the petitioner as ..... being enjoyed by the petitioners. though the notification was sustained as having been backed by competent sovereign power - 28 - under the statute of citizenship act, it was held that it is sustainable prospectively only. it was ruled that the portion of the notification which provide for suppression of the earlier notifications .....
Tag this Judgment!Court : Karnataka
..... the society in general. the concept of fair trial entails familiar triangulation of interests of the accused, the victim and the society and it is the community that acts through the state and prosecuting agencies. interests of society are not to be treated completely with disdain and as persona non grata. courts have always been considered to ..... ends of justice, he may order that any particular case be transferred from one criminal court to another criminal court in his sessions division. (2) the sessions judge may act either on the report of the lower court, or on the application of a party interested, or on his own initiative. (3) the provisions of sub-sections (3 ..... by a written order stating the material facts of the case and served in the manner provided by section 134, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such magistrate considers that such direction is likely to prevent, .....
Tag this Judgment!Court : Karnataka
..... the society in general. the concept of fair trial entails familiar triangulation of interests of the accused, the victim and the society and it is the community that acts through the state and prosecuting agencies. interests of society are not to be treated completely with disdain and as persona non grata. courts have always been considered to ..... ends of justice, he may order that any particular case be transferred from one criminal court to another criminal court in his sessions division. (2) the sessions judge may act either on the report of the lower court, or on the application of a party interested, or on his own initiative. (3) the provisions of sub-sections (3 ..... by a written order stating the material facts of the case and served in the manner provided by section 134, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such magistrate considers that such direction is likely to prevent, .....
Tag this Judgment!Court : Karnataka Dharwad
..... court ought not to have impounded the documents, cannot be accepted. the very contention that, without there being any determination about the provisions of the stamp act, which is applicable to the said documents sought to be impounded also cannot be accepted. the trial court while passing the order elaborately discussed the same and ..... lj92 wherein discussion was made in sections 33(1) - 16 - nc:2024. khc-d:11334 wp no.102296 of 2022 and 37(2) of the stamp act. the documents said to be insufficiently stamped not produced in evidence, but produced subsequent to settlement of issues, at the time of filing interlocutory application for temporary injunction ..... considering the question involved in the matter and determining the point for consideration, it is appropriate to extract sections 33, 34 and 37 of the karnataka stamp act, for consideration:33. examination and impounding of instruments.- (1) every person having by law or consent of parties authority to receive evidence, and every person .....
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