Court : Karnataka
Decided on : Jul-02-1998
Reported in : 1998CriLJ4756; 1998(5)KarLJ228
..... objections and the annexure-r1 that was produced in the writ petitions. as far as the originals of the last two documents are concerned, the registrar-general shall, after the certified copies have been prepared, ensure that these are taken out from the record of the writ petitions, that they are placed ..... that it isexpedient in the interest of justice for an enquiry to be made into the charges levelled against respondent 3. for this purpose, the registrar-general shall file a formal complaint addressed to the 7th additional chief metropolitan magistrate, bangalore city, as per the draft complaint that has been submitted and ..... decision after evaluating the respective positions. in all matters of fact therefore, it is not only a question of ethics, but an inflexible requirement of law that every statement made must be true to the extent thatit must be verified and correct to the knowledge of the person making it. when a ..... client instructs his learned advocate to draft the pleadings, the basic responsibility lies on the clients because the advocate being an officer of the court acts entirely on the instructions given to him, though the lawyer will not be immune from even a prosecution. if the situation is uncertain it is ..... it is absolutely essential to take such corrective action whenever an instance of the present type arises. with these directions, la. ii to stand disposed of.the registrar-general to act accordingly.a copy of this order to be furnished to all the parties forthwith. .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-27-1998
Reported in : ILR1998KAR3418; 1998(6)KarLJ364
..... promotion. whenever there is an element of selection or element of upgradation or promotion the guidelines stipulates the relaxation. hence, institute should provide one year relaxation compared to general candidates under standard norms from the date the facility has been withdrawn'.20. keeping in view the above recommendations of the commission, the council passed the impugned resolution ..... fallen in line with the government policy in respect of reservations. the governing council of the institute resolved that.-'the reservation of posts for scheduled castes and scheduled tribes generally on the lines indicated on the government of india communication, be implemented with effect from 1st april, 1971 and the director be authorised to take all necessary steps ..... court, it has to be concluded that under the scheme of equality envisaged under the head 'right to equality' in part iii of the constitution of india comprising of articles 14 to 18, according to the law as it stands on the date, relaxations, concessions/exemptions and preferences can be given to the backward class of citizens only ..... an educational institution engaged in discharging a governmental function, that is, imparting of education; (ii) it is a deemed university regulated by the statutory provisions of the university grants commission act; (iii) it is administered and managed under a statutory scheme framed under charitable endowments act; (iv) for its day-to-day management, it primarily depends on public funds. 7 .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-26-1998
Reported in : 1998(3)KarLJ195
..... of the employer and the other from the stand point of the employee. if an activity falls into either part, it will be an industry within the meaning of the act. (ii) the history of industrial disputes and the legislation recognises the basic concept that the activity shall be an organised ..... the officer is liable the state cannot be sued. the liability of the officers personally was not doubted even in viscount canterbury v attorney general. but the crown was held immune on doctrine of sovereign immunity. since the doctrine has become outdated and sovereignty now vests in the people ..... to determine if the legislative or executive function is sovereign in nature is whether the state is answerable for such actions in courts of law. for instance, acts such as defence of the country, raising armed forces and maintaining it, making peace or war, foreign affairs, power to acquire and ..... legislature is free to legislate on topics and subjects carved out for it. similarly, the executive is free to implement and administer the law. a law made by a legislature may be bad or may be ultra vires, but since it is an exercise of legislative power, a person affected ..... between sovereign and non-sovereignpowers for which no rational basis survives has largely disappeared. therefore, barring functions such as administration of justice, maintenance of law and order and repression of crime etc., which are among the primary and inalienable functions of a constitutional government, the state cannot claim any .....Tag this Judgment!
Court : Karnataka
Decided on : Jun-16-1998
Reported in : 2000ACJ438; ILR1998KAR3733; 1998(5)KarLJ587
..... the error of the court below. section 115 of the code of civil procedure circumscribes the limits of that jurisdiction but the jurisdiction which is being exercised is a part of the general appellate jurisdiction of the high court as a superior court. it is only one of the modes of exercising power conferred by the statute; basically and fundamentally it is ..... when a person approaches the high court, he approaches high courts for exercise of its appellate jurisdiction over the order passed by the court subordinate to high court. it is general appellate jurisdiction. no doubt, its exercise is circumscribed by the conditions and manner provided as to when it shall be exercised. but as their lordships laid down, basically and fundamentally ..... of full bench of the allahabad high court in the case of h.c.d. mathur, secretary of the national federation of railways v e.i. railway administration through its general manager, their lordships held that.-'as a matter of fact, the question as to what are and what are not civil courts falls to be determined under two enactments relating ..... , '(1) the court of the district judge; (2) the court of additional judge; (3) the court of the civil judge; and (4) the court of the munsiff'. '(13) thus, while the law prevailing in the agra province limits the civil courts to the classes enumerated in the bengal, agra and assam civil courts act, the oudh act permits the creation of such courts by other .....Tag this Judgment!
Court : US Supreme Court
Decided on : Apr-20-1998
..... 1123 (1994) ("[t]he legislative history of the fifth amendment adds little to our understanding of the history of the privilege"). as to the common law practice, see part iii-c, infra. 675 states, 403 u. s. 713 , 716 (1971) (per curiam) (black, j., concurring) (emphasis deleted), was ..... and] to provide ... legal assistance concerning [such] prosecution[s]." memorandum of understanding between united states department of jus- 716 tice and office of procurator general of the republic of lithuania concerning cooperation in the pursuit of war criminals, aug. 3, 1992, app. in no. 96-6144 (ca2), p. ..... competing policy concerns that would be raised in a legitimate reconsideration of the clause's scope. contrary to balsys's 668 syllabus contention, general personal testimonial integrity or privacy is not a reliable guide to the clause's scope of protection. fifth amendment tradition offers, in ..... hess, 134 f.1d 9 , 112 (ed pa. 1905); in re graham, 10 f. cas. 913, 914 (no. 5,659) (sdny 1876). true, the court had written in dicta that "[w]e think the legal immunity is in regard to a prosecution in the same jurisdiction, and when ..... ii, and iii. stevens, j., filed a concurring opinion, post, p. 700. ginsburg, j., filed a dissenting opinion, post, p. 701. breyer, j., filed a dissenting opinion, in which ginsburg, j., joined, post, p. 702. deputy solicitor general dreeben argued the cause for the united states. with him on the briefs were solicitor general waxman, acting assistant attorney general .....Tag this Judgment!