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 : Supreme Court of India
..... , ashutosh chair professor of history, calcutta university. c) prof. sajal nag, retd. professor, assam university. page 12 of 24 d) prof. rajat kanta roy, former vc, visva bharati. e) prof. raghuvendra tanwar, chairman, indian council for historical research. email: [email protected]; phone no:98962. 9909. (iii) sociology & anthropology a) prof. ramanuj ..... other distinct features also vary from university to university, depending upon the speciality of the subjects being taught thereby. the (i) names of the university acts; (ii) existing page 6 of 24 provision for appointment of vice chancellors; (iii) amended provision for appointment of vice chancellor under the ordinance of 2023 ..... bench judgment was upheld by this court.2. it further seems that the state of west bengal thereafter made certain amendments in the state universities act in tune with the ugc s regulations, 2018. however, instead of resorting to the statutorily prescribed procedure for appointment of regular vice chancellors, .....
Tag this Judgment!Court : Karnataka
..... modesty is considered to be an attribute of a human female irrespective of fact whether the female concerned has developed enough understanding as to appreciate the nature of the act or to realise that it is offensive to decent female behaviour or sense of propriety concerning the relations of a female with others. (emphasis supplied) in the ..... station or one who registers the complaint does not look into the contents of the complaint and registers appropriate offence, the victim cannot be put to jeopardy. if acts of the police in not registering appropriate offence based upon the facts in the complaint, it is the folly of the police and the victim cannot be asked ..... either description for a term which may extend to two years, in addition to the punishment provided for the offence by the last preceding section. 509. word, gesture or act intended to insult the modesty of a woman. whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any .....
Tag this Judgment!Court : Supreme Court of India
..... ), if any, shall stand disposed of.11. no order as to costs. j.[pamidighantam sri narasimha]. j.[aravind kumar]. new delhi; january31 2024 3 section 3 of the indian evidence act defines the terms as: proved . a fact is said to be proved when, after considering the matters before it, the court either believes it to exist, or considers its existence .....
Tag this Judgment!Court : Karnataka Dharwad
..... 21 d. to elaborate further, the judgment in the case of vineeta sharma effectively removes the temporal restriction associated with the 2005 amendment to the hindu succession act. it recognizes the rights of daughters and their legal heirs in ancestral property, regardless of whether the daughter predeceased the father before or after the amendment. ..... the apex court judgment in the case of velamuri venkata sivaprasad (dead) by lrs. .vs. kothuri venkateswarlu (dead) by lrs.5 held that hindu succession act is a socio-economic legislation. therefore, it should be interpreted with widest possible connotation. the apex court in the above cited judgment also pointed out that in ..... 7 the preliminary decree on the ground that two daughters namely nagavva and sangavva of propositus rudrappa hosmani died before 2005 amendment to hindu succession act, 1956 (for short the act ) and therefore, the legal heirs of deceased nagavva and sangavva are not entitled to take equal share at par with the sons.3. .....
Tag this Judgment!Court : Supreme Court of India
..... laws in conformity with the constitution. originally this period for making adaptations and modifications was two years but was substituted by the constitution (first amendment) act 1951 to three years.284. article 373 contained transitional provisions pertaining to preventive detention. clause (7) of article 22 of the constitution empowers parliament to prescribe ..... of the constitution. mohan, j.held: 198. no doubt, unity and integrity of india would constitute the basic structure as laid down in kesavananda bharati case [kesavananda bharati v. state of kerala, (1973) 4 scc225 but it is too far-fetched a claim to state that the guarantees and assurances in these ..... amendment with effect from 5 november 1971 to read power of parliament to amend the constitution and procedure therefore . 212 part e mukherjea in kesavananda bharati sripadagalvaru v. state of kerala246. justice hegde observed: 620 to restate the position, article 368 deals with the amendment of the constitution. the article .....
Tag this Judgment!Court : Supreme Court of India
..... entities, both private and public. the supply of electricity, the generation, transmission, and distribution of electricity has been liberalized in terms of the 2003 act barring certain segments. private entities are entitled to hold licenses. in this context, it has to be emphasized that private participation as distribution licensees is ..... to operate on business lines, pay taxes and justify their creation and constitution. these corporations, whether created under the statute or registered under the companies act are distinct juristic entities owning their own properties, having their own fund, capable of borrowing and lending monies and entering into contracts like any other ..... primacy over all other laws, including the ibc, which was a general law dealing with corporate insolvency implemented much later. in terms of the 2003 act, and the regulations framed under it, including the uttar pradesh electricity supply code, 2005 (hereinafter, 2005 code ), a special mechanism for recovery of .....
Tag this Judgment!Court : Karnataka
..... be registered by the police and there is a gross violation of the procedure stated in the cr.p.c. and further contended that section 126 of the r.p. act is non-cognizable offence. without permission of the court, the fir cannot be registered and charge-sheet cannot be filed and thereby, the charge-sheet is not sustainable. hence, prayed ..... order has said to be conducted the press meet and thereby violated the promulgation of the authority which is punishable under section 188 of ipc and 126 of r.p. act. the police after registering the fir filed the charge-sheet, which is under challenge.4. the learned counsel for the petitioner has contended that as per section 195 of cr ..... ) this criminal petition is filed under section482of cr.p.c. praying to quash entire proceedings in c.c.no.3944/2019 under section188of ipc and under section126of representation of people act which is - 2 - crl.p no.10435 of 2022 pending on the file of prl.civil judge and j.m.f.c at hassan. this petition, coming on for .....
Tag this Judgment!Court : Karnataka
..... similarly, a division bench of the punjab & haryana high court in bhagwan dass v. bhishan chand and ors. , drew a presumption under section 114 of the evidence act against a party who did not enter into the witness box. (5) in the case of krishnamurthi vasudeorao deshpande and another vs- dhruwaraj reported in air1962sc59 wherein it ..... court failed to appreciate that parties conduct their affairs as per the prevailing law. in 1972 when the partition took place sec. 24 of the hindu succession act was in force which disentitled respondent no-1 from claiming any share in the suit schedule property. even in 1999 when the appellants and others entered into a ..... to any portion of the property of sri keshamurthyrao due to her remarriage prior to his death. subsequent amendment in 2005 omitting sec. 24 of the hindu succession act, 1956 cannot have 10 the effect of opening flood gates entitling those otherwise disqualified from succeeding to the property of the deceased. the trial court has relied .....
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