Court : Karnataka
..... (supra) with respect to filing of a complaint by the inspector of puttur town police station for the offences punishable under the provisions of the w.l.p. act, another co-ordinate bench of this court, referring to the notification of the government of karnataka dated 26-08-2010 observed that, the complaint in question having been ..... karnataka. crl.r.p.no.1642/2016 7 10. learned counsel for the respondent/accused in his argument submitted that, under section 55 of the w.l.p. act, the police sub-inspector has no authority to file a complaint. learned counsel further submitted that, the police sub- inspector has also committed an error by arresting the ..... karnataka dated 26-08-2010 held that, a police sub-inspector (psi) cannot file a complaint for the offences punishable under the provisions of the w.l.p. act, which resulted in the said court allowing the revision petition filed by the respondent/accused, by setting aside the impugned order passed by the trial court. she further submitted .....
Tag this Judgment!Court : Karnataka
..... counsel for the appellant submits that the learned judge in the execution proceedings committed serious error and irregularity by relying on section 52 of the transfer of property act, which covers doctrine of lis-pendency. it is further submitted that the rights acquired by the 5 objector for the possession of the property is subject to ..... him into the possession by the owner and he is also permitted to continue in possession.23. here, it is necessary to mention section 52 of transfer of property act which reads as under :- transfer of property pending suit relating thereto.- during the [pendency]. in any court having authority [within the limits of india excluding the ..... . the expiry of the lease period by itself concluded the delivery of possession of the leased property. on the other hand it is a gentle and voluntary act by the lessee or recovery of possession through separate legal procedure and the order of the court.40. the judgment-debtor-jabbar travels-abdul gafoor was inducted by .....
Tag this Judgment!Court : Karnataka
..... of the property transferred and is authorized to transfer it and the property transferred is not a mere chance or succession, but immovable property itself, and the transferee acts upon such erroneous representation, then if the transfer happens later, before the contract of transfer comes to an end, to acquire an interest in that property, ..... suit. to substantiate the contention learned counsel has relied on the following judgments:20. 1. (1995) 5 scc431- vidyawati vs. man mohan and others.2. (1986) 4 scc155- bal kishan vs. om parkash and another.3. 2007 (3) kar. l.j.125 - shankarappa (deceased) by his l.rs vs. basawarajappa.4. (1998) 5 scc368- seethalakshmi ..... brought by the plaintiffs is a joint and consolidated action, the next point to be 28 answered is whether section 6(a) of the transfer of property act, 1882 is applicable. while addressing arguments, learned counsel sri.amaresh angadi strenuously urged that original the first and the second plaintiffs had only a chance of succession .....
Tag this Judgment!Court : Karnataka
..... order of the court. the order of the court unambiguously should state as to whether the previous investigation, for reasons to be recorded, is incapable of being acted upon. neither the investigating agency nor the magistrate has any power to order or conduct fresh investigation . this is primarily for the reason that it would be ..... responsible and answerable for the manner and methodology adopted in completing his investigation. where the default and omission is so flagrant that it speaks volumes of a deliberate act or such irresponsible attitude of investigation, no court can afford to overlook it, whether it did or did not cause prejudice to the case of the prosecution ..... :1. (2012) 8 scc2636 21. the investigating officer, as well as the doctor who are dealing with the investigation of a criminal case, are obliged to act in accordance with the police manual and the known canons of medical practice, respectively. they are both obliged to be diligent, truthful and fair in their approach and .....
Tag this Judgment!Court : Karnataka
..... from exs.p-1 to p-52. it is thereafter the defendant appeared and filed two interlocutory applications i.e., ia.no.13 under section 34 of the karnataka stamp act, 1957 read with section 151 of code of civil procedure, 1908 (hereinafter for brevity referred to as `cpc ), seeking a direction to the plaintiff to pay the duty and penalty ..... .8. observing accordingly and specifically observing that in the light of the above analysis, the impugned order passed on ia.no.13 filed under section 34 of the karnataka stamp act, 1957 read with section 151 of cpc and ia.no.15, filed under order xiii rule 1 of cpc, wp.no.41411/2017 15 on 08.08.2017, becomes null .....
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
..... anvil of a fact which must be established by the prosecution viz. meeting point of two or more persons for doing or causing to be done an illegal act or an act by illegal means.74. the courts, however, while drawing an inference from the materials brought on record to arrive at a finding as to whether the charges ..... (i) an agreement between two or more persons; 4 (2009)11 scc73742 (ii) the agreement must relate to doing or causing to be done either (a) an illegal act; (b) an act which is not illegal in itself but is done by illegal means. condition precedent, therefore, for holding the accused persons guilty of a charge of criminal conspiracy must, therefore ..... thoughts, even criminal in character, often involuntary, are not crimes but when they take concrete shape of an agreement to do or cause to be done an illegal act or an act which is not illegal but by illegal means then even if nothing further is done, the agreement would give rise to a criminal conspiracy.73. the ingredients of the .....
Tag this Judgment!Court : Karnataka
..... anvil of a fact which must be established by the prosecution viz. meeting point of two or more persons for doing or causing to be done an illegal act or an act by illegal means.74. the courts, however, while drawing an inference from the materials brought on record to arrive at a finding as to whether the charges ..... (i) an agreement between two or more persons; 4 (2009)11 scc73742 (ii) the agreement must relate to doing or causing to be done either (a) an illegal act; (b) an act which is not illegal in itself but is done by illegal means. condition precedent, therefore, for holding the accused persons guilty of a charge of criminal conspiracy must, therefore ..... thoughts, even criminal in character, often involuntary, are not crimes but when they take concrete shape of an agreement to do or cause to be done an illegal act or an act which is not illegal but by illegal means then even if nothing further is done, the agreement would give rise to a criminal conspiracy.73. the ingredients of the .....
Tag this Judgment!Court : Karnataka
..... no.15451 of 2019 complainants are concerned, even an offence under section 468 of ipc would require commission of forgery for the purpose of cheating, which would again require an act on part of the petitioners viz-a-viz the complainants by way of inducements etc., which has not occurred and as such, no offence under sections 419, 420, 468 of ..... public servant and if he so desires, action could be initiated by such public servant.-. 13 - wp no.15451 of 2019 16. in the present case, the sub-registrar having acted on a false document/information submitted by the petitioner, the sub-registrar if not for the false document would not have registered the gift deed. it may be possible that .....
Tag this Judgment!Court : Karnataka
..... agreement it is stated that:12. 3. the management of municipal solid waste (msw) is an obligatory function of the corporation under the karnataka municipal corporation act, 1976. the corporation invited competitive proposals from eligible builders to carry out various activities in - 100 - wp no.28392 of 2018 accordance with the municipal ..... and 12 of the clra, which have been reproduced hereunder for easy reference:10. prohibition of employment of contract labour. (1) notwithstanding anything contained in this act, the appropriate government may, after consultation with the central board or, as the case may be, a state board, prohibit, by notification in the official ..... or by necessary implication, or substituting remedy or benefits for that provided by the legislature. we have already noticed above the intendment of the clra act that it regulates the conditions of service of the contract labour and authorizes in section 10(1) prohibition of contract labour system by the appropriate .....
Tag this Judgment!