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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: karnataka Page 1 of about 33 results (0.030 seconds)

Sep 08 2016 (HC)

Sri n.c. Shivakumar Vs. State by Lokayuktha Police

Court : Karnataka

..... prior sanction. even if sanction were sought, the complaint would fall foul of the above requirement, on the basis of which the sanctioning authority acts. therefore, the court having directed an investigation by the police is the proper course of action as it is only then material would be made available, either ..... filed in terms section 156(3) or section 200 crpc, the magistrate is required to apply his mind. (see : maksud saiyed v. state of gujurat, (2008) 5 scc668and pepsi foods ltd.v. special judicial magistrate , (1998) 5 scc749) when a magistrate receives a complaint, he is not bound to take cognizance ..... of the code is a condition precedent for launching the prosecution is equally fallacious. this court has stated the legal position in s.r. munnipalli v. bombay (1955 (1) scr1177 and in amrik singh v. state pepsu (1955 rd-sc9 that it is not every offence committed by a public servant, which ..... requires sanction for prosecution under section 197 of the code, nor even every act done by him while he is actually engaged in the performance of his ..... section 190 crpc , it is held thus : the other contention of the learned attorney general is that in taking cognizance under the p.c.act the court is guided by the provisions under section 190 of the code and in support of that contention the learned attorney general relied on several judgments. however .....

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Sep 08 2016 (HC)

N.C. Shivakumar and Others Vs. State by Lokayuktha Police Hassan Distr ...

Court : Karnataka

..... prior sanction. even if sanction were sought, the complaint would fall foul of the above requirement, on the basis of which the sanctioning authority acts. therefore, the court having directed an investigation by the police is the proper course of action as it is only then material would be made available, either to ..... complaint filed in terms section 156(3) or section 200 crpc, the magistrate is required to apply his mind. (see: maksud saiyed v. state of gujurat, (2008) 5 scc 668 and pepsi foods ltd. v. special judicial magistrate, (1998) 5 scc 749.) when a magistrate receives a complaint, he is not bound ..... 197 of the code is a condition precedent for launching the prosecution is equally fallacious. this court has stated the legal position in s.r. munnipalli v. bombay (1955 (1) scr 1177) and in amrik singh v. state pepsu (1955 rd-sc 9) that it is not every offence committed by a public servant ..... , which requires sanction for prosecution under section 197 of the code, nor even every act done by him while he is actually engaged in the performance of his ..... section 190 crpc, it is held thus: the other contention of the learned attorney general is than in taking cognizance under the p.c. act the court is guided by the provisions under section 190 of the code and in support of that contention the learned attorney general relied on several judgments. however .....

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Mar 31 2009 (HC)

Mspl Limited, Rep by Its Executive Director. Vs. the State of Karnatak ...

Court : Karnataka

Reported in : 2009(1)KCCR5(SN)

..... nor even the need for conserving rare plant species and animal species in existence in the notified areas. in fact the affidavit placed before the court on 11-1-2008, the affidavit of the present commissioner and director of mines and geology, department of mines and geology sri k.s prabhakara, while does ..... state government as to whether it is a fair and non-arbitrary action and as to whether it is in consonance with the act and the rules, nevertheless, this court cannot help but to observe that the applications of the aspirants for grant of mining leases having not been treated in a fair ..... upon the state government to exhibit due awareness of this fact and to take into consideration all the requisite aspects from the context of the conservation acts, protection acts and then to embark upon the issue of notification. it is also necessary on the part of the state government to weigh the competing interest ..... regulate non-forest activities in forest areas and to conserve forests by declaring them as reserved and such is the avowed object in the state act, forest [conservation] act, 1980 seeks to provide a better safeguard for the retention and protection of the forest and to minimize the scope for diversion of forest ..... that in the exercise of this power and jurisdiction, as to the manner in which the judge is expected to act.103. the present writ petition is a matter before this court and which is being heard for a considerable length of time. an order that that is required to be passed .....

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Feb 25 2003 (HC)

Chitradurga District Mazdoor Sangh Vs. Bhadra Sahakari Sakkare Karkhan ...

Court : Karnataka

Reported in : (2003)IIILLJ300Kant

..... under article 226 may now be examined. it is argued that the management of the college being a trust registered under the bombay public trust act is not amenable to the writ jurisdiction of the high court. the contention in other words, is that the trust is a private institution against which no writ of mandamus can be issued. in support of ..... is an established procedure to remedy a wrong or enforce a right. a party may not be allowed to bypass the normal channel of civil and criminal litigation. the high court does not act like a proverbial 'bull in a china shop' in the exercise of its jurisdiction under article 226.'11. a three-judge bench of the supreme ..... is not maintainable in order to defeat the legitimate rights of the workmen under the settlement. we say this, because, the workmen acting on the solemn promise of the management withdrew industrial disputes instituted by them before the labour court, hubli, and the resultant position is that they are neither here nor there and they are now placed in 'trishanku swarga' and ..... mete out justice in given facts. on finding that either the workmen were engaged in violation of the provisions of the act or were continued as contract labour, despite prohibition of the contract labour under section 10(1), the high court has, by judicial review as the basic structure, constitutional duty to enforce the law by appropriate directions. the right to judicial .....

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Apr 11 2008 (HC)

Unibic Biscuits India Pvt. Ltd. Rep. by Its Managing Director Vs. Brit ...

Court : Karnataka

Reported in : LC2008(3)347; 2008(4)KCCRSN275; 2008(4)AIRKarR417; AIR2008NOC2496; 2008AIHC3005(Kar)

..... to the appellant to do the same wrong knowing fully well that what it is doing is 'wrong' in the eye of law. the appellant cannot take shelter under an act committed by the plaintiff-respondent with regard to a different subject-matter. as regards the subject matter involved in the present suit, prima facie it appears that the plaintiff-respondent ..... iv add! city chni and sessions judge, mayohall unit, bangalore.2. the facts of the case are that the appellant and respondent arc the companies incorporated under the indian companies act and are the manufacturers and marketing the bakery items i.e., biscuits/cookies. the plaintiff-respondent is a registered proprietor of the trademark 'good day', the plaintiff had also design ..... disposal of the suit.22. considering the facts and circumstances of the case, the court below is directed to dispose of the suit on or before 30/08/2008. both the parties are directed to appear before the court below on 26/05/2008 and co-operate with the court below to dispose of the suit expeditiously.any observations made in this appeal shall not ..... expired on 03-04-2007 and without bringing the same to the notice of the trial court the plaintiff claimed that the registration is still valid and subsisting. it is brought to the notice of the court that section 2[1][w] of the trade marks act 1999, provides that 'registered trade mark means a trade mark which is actually on the register .....

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Sep 14 2007 (HC)

Addison and Co. Ltd. Represented HereIn by Its Company Secretary, Mr. ...

Court : Karnataka

Reported in : ILR2008KAR519; (2008)14VST182(Karn); 2008(1)KCCRSN49; 2008(3)AIRKarR48; AIR2008NOC1797

..... situation. the officers of the revenue did not interpret the word 'accessory' whether it is a machinery as mentioned in entry 52 of the first schedule to the act as directed by this court in writ petition orders referred to supra, which order was passed in the case of the assessee and further, as could be seen from the two division bench ..... .1997 has examined the factual aspect regarding whether t.v. antenna is an accessory for the purpose of sales tax under me provisions of the kst act, with reference to the decisions of the supreme court in the case of annapuma carbon industries co. v. state of andhra pradesh reported in [1976] 37 stc 378, star paper mills ltd v. collector of ..... by the kat in the impugned judgment are in conformity with the entry 52 of schedule of the kteg act and the two division bench decisions of this court referred to supra wherein this court has followed various decisions of the supreme court and other high courts, which are extensively discussed and recorded its reasons by following the decisions. the relevant paragraphs of the same ..... 54 cause(1) of the regulations contending that in view of the specific entry in the schedule to the kteg act and the decisions of the supreme court upon which strong reliance is placed by the two division bench decisions of this court in the case of pioneer enterprises v. joint commissioner of commercial taxes (appeals) and anr. reported in 2004 134 stc .....

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Jul 31 2007 (HC)

S.M.K.A. Enterprises Vs. Suchita Industries

Court : Karnataka

Reported in : 2008(2)KarLJ285; 2007(6)AIRKarR433; 2008AIHC521(Kar)

..... the legal right asserted by the plaintiff and its alleged violation are both contested and uncertain and remain uncertain till they are established at the trial on evidence. the court, at this stage, acts on certain well-settled principles of administration of this form of interlocutory remedy which is both temporary and discretionary. the interlocutory remedy is intended to preserve in status ..... an event the statutory right of registration would no doubt come to the aid of registered proprietor of a trade mark for indicating a triable issue and the act of injuncting by the court is not merely limited to formalising the statutory injunction but plaintiff would have to establish the other two aspects as well, namely, balance of convenience and irreparable ..... their product, the amounts incurred towards advertisement and the reputation gained in the market. in this regard, even the report of the authority under the trade marks act which has been looked into by the court below indicates that in the prefix of the words 'tiny' and 'cozy1 even though the first two letters are different, the ending two letters are similar ..... these aspects of the matter has thereafter referred to the opinion furnished by the registrar of trade marks, chennai under section 115 of the trade and merchandise marks act and the entire contents of the letter has been noticed by the court below. further, the correspondence of the assistant commissioner of police on this aspect has also been considered. thereafter the .....

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Oct 15 2008 (HC)

S S M and Sons Carrying on Business in Hosiery Rep by Its Partner Sri ...

Court : Karnataka

..... exclusion of such a transferee from raising further contentions is based on the salutary principle enunciated under section 52 of the transfer of property act.21. the court further states that under order 21 rule 97, cpc the question which legally arise for determination between the parties only will have to ..... to as the 'schedule premises' under section 21(1) (a), (f), (h) and (p) of the karnataka rent control act, 1961 as it then existed, before the court of small causes at bangalore. by the order dated 28.3.1987, the said eviction petition was allowed under section 21(1)(h) ..... dismissing the applications without recording the evidence. the proposition laid down in this decision have to be harmoniously read with another decision of hon'ble supreme court referred to above viz., reported in : [1998]2scr587 , wherein, it has been stated that the adjudication under rule 101 of order 21 cpc ..... though it is held that the applications filed by the petitioners in these revision petitions are held to be not maintainable, but nevertheless, the executing court did not go into the maintainability of the said applications in great detail, but after hearing both sides, has passed an order dismissing the said ..... orders in accordance with law.11. per contra, it is submitted on behalf of the respondents that subsequent to the order passed by this court in the civil revision petitions confirming the order of eviction, the legal representatives of rajanna who is one of the joint decree-holders had filed .....

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Aug 20 1997 (HC)

Samyuktha Karnataka Vs. State of Karnataka and Others

Court : Karnataka

Reported in : [1998]110STC226(Kar)

..... . c. jain's case : (1981)illj402sc , the board cannot be held to be a local authority. 58. under somewhat similar statutory provisions contained in the haryana housing board act, 1971, the supreme court in the case of housing board of haryana : (1996)illj833sc has held that the housing board constituted therein is not a local authority. similarly, in another case, namely, calcutta ..... control or management of the fund must vest in the authority.' 51. keeping in view the aforesaid test as laid down by the supreme court, we would like to examine the provisions of the industrial areas act to ascertain as to whether the industrial area development board which is constituted under section 6 thereof fulfills the essential characteristics of a local authority ..... for levy and collection of tax under the provisions of the karnataka tax on entry of goods act, 1979 (hereinafter in short 'the act') filed individual writ petitions before this court challenging three notifications issued by the state government purporting to be under section 3 of the act, providing for rate of tax on the goods brought by them as raw materials in their ..... is whether the requirement of laying the notification before the state legislature as envisaged under section 31 of the act is mandatory. to substantiate the proposition, the counsel for the appellants placed reliance on a judgment of the division bench of this court in the case of lipton india ltd. v. state of karnataka : ilr1994kar1848 . at page 242 of stc (page .....

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Apr 15 2005 (HC)

Sharadamma and ors. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : ILR2005KAR3710; 2005(4)KarLJ481

..... suggesting personal animus and giving mandate are false and mischievous and have been deliberately made to create an atmosphere of sympathy'.the learned advocate general did not suggest that the court could act upon this secondhand denial by the chief minister, as the statement by sri s.a. iyengar is merely hearsay. we are therefore, constrained to hold that the allegations that ..... than the former; and once it is established that one procedure is less advantageous to the accused that the other, any person tries by a special court constituted under the act, who but for the act would have been entitled to be tried according to the more elaborate procedure of the code, may legitimately enquire:why is this discrimination being made against me ..... committee, neither private builders nor individuals entitled to engage in construction activities in the conjuration area. any such constructions are contrary to the provisions of kmc act, karnataka municipalities act, karnataka panchayat raj act, kt and cp act and the cdp. in the absence of control over planned development, there will be haphazard constructions without leaving requisite set-backs, without proper roads, drains ..... of these decisions have been referred to in the decisions of this court in india cement limited v. state of tamil nadu, civil appeal no. 62(n) of 1970 (sc)'.javed and ors. v. state of haryana and ors. : 2008(227)elt497(sc) :'10. under article 243-g of the constitution the legislature of a state has been vested with the .....

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