Court : Karnataka
..... the trial court ought to have held that g.b.c.coelho had authority, either expressed or implied executing and admitting execution of ex.d1 and all the legal representatives of alphonsus coelho have been benefited by the act of g.b.c.coelho and the continued enjoyment of such benefit by the legal representatives of alphonsus coelho subsequent to 1966 clearly shows that they have ratified the settlement as being fully aware of such a ..... judgment of the trial court in the absence of all the sharers especially having regard to the provisions of succession under the indian succession act it is imperative for the appellants to implead all the necessary parties in the appeal and also to bring the legal representatives of deceased ..... (cid:1) the trial court has failed to compare the signatures of g.b.c.coelho in ex.d1 and ex.c1 as provided under section 73 of the evidence act, and had such comparison been done by the trial court it should have clinched the issue and failure on the part of the trial court to ..... he also pointed out that trial court failed to note that the family settlement having not been acted upon, and 38 appellants being in their respective portions of the property and enjoyed the same contrary to the interest of the plaintiff and other defendants, they have perfected ..... was clearly established from the evidence of the 26 plaintiff herself that the authority of g.b.c.coelho in acting as an agent with authority to represent the family members, the trial court ought not to have .....
Tag this Judgment!Court : Karnataka
..... it necessary to observe that while exercising jurisdiction under articles 226 and/or 227 of the constitution in matters like the present one, the high courts are duty bound to keep in mind that the industrial disputes act and other similar legislative instruments are social welfare legislations and the - 28 - wp no.12765 of 2022 same are required to be interpreted keeping in view the goals set out in the preamble of the constitution ..... hon'ble supreme court may be quoted usefully (p.546): - 34 - wp no.12765 of 2022 "this decision thus confirms the view taken by us that the object of the act is to have uniform standing orders providing for the matters enumerated in the schedule to the act, that it was not intended that there should be different conditions of service for those who are employed before and those employed after the standing orders came ..... , the court high closed the door of justice to every employee though entitled to gratuity but would not be a workman within the meaning of the industrial disputes act, 1947 to recover the same, except - 18 - wp no.12765 of 2022 where a prosecution can be successfully launched for an offence under sec. ..... 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 employment and to subject the terms of employment to the scrutiny .....
Tag this Judgment!Court : Karnataka
..... he does not raise a plea of lack of jurisdiction before the arbitral tribunal, he must make out a strong case why he did not do so if he chooses to move a petition for setting aside the award under section 34(2)(a)(v) of the act on the ground that the composition of the arbitral tribunal was not in accordance with the agreement of the parties. ..... along with the tca, a side letter dated 26.10.2007 also came to be executed whereby alphion and iti agreed that they would jointly participate in all negotiations, clarifications and other processes relating to the orders that could be placed by the customers in pursuance of the tender ..... products, subject matter of the bid documents and the product subject matter of the tca dated 26.10.2007 are very much similar if not identical. 39.4. ..... this tca having been entered into on 26.07.2007, a bid document had been issued by bsnl on 14.03.2008 as regards procurement of next generation play network (gpon) ..... is stated that alphion and iti had entered into a technical collaboration agreement dated 26.10.2007 [hereinafter for brevity referred to as tca ]. ..... the tca was executed on 26.10.2007 when the tender itself had not been invited by bsnl, hence, the question of amc or otherwise being part of the tca would not arise. ..... chandu construction, (2007) 4 scc697 the supreme court in this decision held as follows: ..... (the athena ), 2007 bus lr d5:2006. ..... , reported in [(2007)5 scc38, more particularly, para 24 and 25 thereof which are reproduced hereunder for easy .....
Tag this Judgment!Court : Karnataka
..... down from the tractor and in order to load the manure to the tractor, at that time, the driver of the tractor while reversing the tractor drove the same in a rash and negligent manner and by which act, the tractor engine dashed the deceased, in result of which, the deceased sustained grievous injuries and succumbed to the injuries. ..... respondents (by sri n.r.rangegowda, advocate for r1 and r2 sri shashidhara, advocate for r3) this m.f.a is filed under section1731) of mv act against the judgment and award dated:06.01.2016 passed in mvc no.1086/2012 on the file of the senior civil judge, gubbi, awarding compensation of rs.6,45,000/- with interest @ 8% p.a. ..... but if other categories of employees at the time of accident though in the course of employment are outside the vehicle, then they would become 'third party' under the act, notwithstanding the fact that such a person is also an employee of the insured. ..... as a conductor of the vehicle or employee employed in examining the tickets on the vehicle and if it is a goods carriage employee being carried in the vehicle are also entitled to compensation to the extent it is provided under the provisions of workmen's compensation act even though the insured had not paid any additional premium. .....
Tag this Judgment!Court : Karnataka
..... 2016 32 however, respondent no.2 relied upon a subsequent judgment of hon'ble apex court, which was in sonu alias amar's case (supra), wherein the hon'ble apex court with respect to section 65-b of the evidence act, made distinctions between objections regarding admissibility of the document which is inherently inadmissible and mode or method of proof which was required to be raised at the time of marking of a document as an exhibit. ..... though accused nos.2 and 3 are said to have present for marriage negotiations held in november 2007, but, her evidence does not speak whether there was any demand in the marriage negotiation for valuables, which can be called as ..... other hand, the complainant herein appears to have taken every small thing in a different angle and appears to have been showing that entire family should have been continued and acted in a manner which she was feeling and liking personally and individually.45. ..... even the e-mails from exs.p-5 to p-19 also, as analysed above, could not able to show that the acts alleged therein would attract cruelty as mentioned in section 498-a of ipc. ..... /2016 33 his only contention is that a procedural requirement by production of certificate under section 65-b(4) of the evidence act was not accompanying the document at the time of its marking. ..... stated that marriage engagement ceremony was held in december, 2007. ..... smt.veena maravante in her evidence has stated that the marriage talks were taken in the house of accused no.1 in november, 2007. .....
Tag this Judgment!Court : Karnataka
..... 2016 32 however, respondent no.2 relied upon a subsequent judgment of hon'ble apex court, which was in sonu alias amar's case (supra), wherein the hon'ble apex court with respect to section 65-b of the evidence act, made distinctions between objections regarding admissibility of the document which is inherently inadmissible and mode or method of proof which was required to be raised at the time of marking of a document as an exhibit. ..... though accused nos.2 and 3 are said to have present for marriage negotiations held in november 2007, but, her evidence does not speak whether there was any demand in the marriage negotiation for valuables, which can be called as ..... other hand, the complainant herein appears to have taken every small thing in a different angle and appears to have been showing that entire family should have been continued and acted in a manner which she was feeling and liking personally and individually.45. ..... even the e-mails from exs.p-5 to p-19 also, as analysed above, could not able to show that the acts alleged therein would attract cruelty as mentioned in section 498-a of ipc. ..... /2016 33 his only contention is that a procedural requirement by production of certificate under section 65-b(4) of the evidence act was not accompanying the document at the time of its marking. ..... stated that marriage engagement ceremony was held in december, 2007. ..... smt.veena maravante in her evidence has stated that the marriage talks were taken in the house of accused no.1 in november, 2007. .....
Tag this Judgment!Court : Karnataka Dharwad
..... are : (1) in the case of a company, which owns a factory, it is only one of the directors of the company who can be notified as the occupier of the factory for the purposes of the act and the company cannot nominate any other employee to be the occupier of the factory; (2) where the company fails to nominate one of its directors as the occupier of the factory, the inspector of factories shall be ..... the said order that the learned magistrate after going through the complaint and perusing the documents is satisfied that there is contravention of provisions of act, 1948 and rules, 1969 and found that there are sufficient grounds to proceed for the offence, which is a cognizable offence and he has ..... the director of the company would be responsible for proper implication of the act and the occupier would be responsible for all such acts of the factory, when it is not disputed that the petitioner is the occupier of the factory and as some allegations are made against the company for violation of the provisions of the act and the petitioner who has the ultimate control of the affairs of the ..... (1) the manager of a factory on whom an order in writing by an inspector has been served under the provisions of this act or the occupier of the factory may, within thirty days of the service of the order, appeal against it to the prescribed authority, and such authority may, subject to rules made ..... the judgment of madras high court reported in 2007 online madras 558 in the case of 58 ..... 2007 ..... 2007 ..... 2007 .....
Tag this Judgment!Court : Karnataka
..... court of madras (madurai bench) in m.mohan vs- the sub registrar, kuzhithural, reported in manu/tn/6382/2019, wherein with respect to undervaluation of the property and initiation of action under section 82 of the registration act, the madras high court relying upon mt.gobindia and others's case (supra), has observed in para-8 of its order that, the sub registrar had no jurisdiction to enquire as regards truth or falsity of any ..... the trial court by its impugned judgment dated 19.10.2012, convicted the accused for the offence punishable under section 82 of the registration act and sentenced her to undergo simple imprisonment for a period of two years and to pay a fine of `5,000/- and in default of payment of fine, to further ..... learned ix addl.chief metropolitan magistrate, bengaluru, (hereinafter for brevity referred to as the `trial court') in c.c.no.28802/2005, for the offence punishable under section 82 of the registration act, 1908, (hereinafter for brevity referred to as the `registration act') and was convicted by its judgment of conviction and order on sentence dated 19.10.2012 and was sentenced accordingly. ..... -(1) subject to the provisions contained in this part and in sections 41, 43, 45, 69, 75, 77, 88 and 89, no document shall be registered under this act, unless the persons executing such document, or their representatives, assigns or agents authorised as aforesaid, appear before the registering officer within the time allowed for presentation under sections 23, 24, .....
Tag this Judgment!Court : Karnataka
..... to asserting that the appellants are the directors of the company and they are in-charge of and responsible to the company for the conduct of the business of the company and if statutory compliance of section 141 of the ni act has been made, it may not open for the high court to interfere under section 482 crpc unless it comes across some unimpeachable, incontrovertible evidence which is beyond suspicion or doubt or totally acceptable circumstances which ..... directors or 61 joint managing directors are concerned, it is clear from the conclusions drawn in the afore-stated judgment that it is necessary to aver in the complaint filed under section 138 read with section 141 of the ni act that at the relevant time when the offence was committed, the directors were in charge of and were responsible for the conduct of the business of the company.26. ..... appeal, a two judge bench of this court set aside the 36 judgment of the high court by holding that the proviso to section 14 of the sc and st act does not oust the power of the magistrate to take cognizance, but it provides the power to take cognizance to the special court in addition to the magistrate,. ..... (supra) observed that the question of requirement of averments in a complaint has to be considered on the basis of provisions contained in sections 138 and 141 of the ni act read in the light of the powers of a magistrate referred to in sections 200 to 204 crpc which recognise the magistrate's discretion to take action in accordance with law .....
Tag this Judgment!Court : Karnataka
..... to asserting that the appellants are the directors of the company and they are in-charge of and responsible to the company for the conduct of the business of the company and if statutory compliance of section 141 of the ni act has been made, it may not open for the high court to interfere under section 482 crpc unless it comes across some unimpeachable, incontrovertible evidence which is beyond suspicion or doubt or totally acceptable circumstances which ..... directors or 61 joint managing directors are concerned, it is clear from the conclusions drawn in the afore-stated judgment that it is necessary to aver in the complaint filed under section 138 read with section 141 of the ni act that at the relevant time when the offence was committed, the directors were in charge of and were responsible for the conduct of the business of the company.26. ..... appeal, a two judge bench of this court set aside the 36 judgment of the high court by holding that the proviso to section 14 of the sc and st act does not oust the power of the magistrate to take cognizance, but it provides the power to take cognizance to the special court in addition to the magistrate,. ..... (supra) observed that the question of requirement of averments in a complaint has to be considered on the basis of provisions contained in sections 138 and 141 of the ni act read in the light of the powers of a magistrate referred to in sections 200 to 204 crpc which recognise the magistrate's discretion to take action in accordance with law .....
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