.....of appellate jurisdiction under section 136(2) of the karnataka land revenue act, 1964 (for short, the act) or revisional jurisdiction under section 136(3) of the act, can definitely get their grievances solved by filing a suit before civil court, get their rights resolved in respect of immovable properties for the reflection of which rights in the revenue entries statutory provisions are made and if the revenue entry is in any way at variance with the determination made by the civil court, to bring it in conformity with the determination by the civil court. 2. disputes relating to immovable properties cannot be resolved in revenue offices though revenue authorities have the responsibility to maintain revenue records for the purpose of realizing revenue to the state from the owner of the property. there is no more significance to the khata assigned by the revenue authorities. 3. with revenue to the state from such land revenue having become abysmally low, it is high time such darbar jurisdiction of revenue authorities is brought to an end and procedure for collecting land revenue streamlined. 4. it is rather unfortunate our legislature is sleeping over such matters and.....
Tag this Judgment! Ask ChatGPT.....on behalf of the petitioners that the acquisition of the petitioners lands in sy. nos.174/1 and 174/2 are wholly unnecessary in view of the fact that earlier acquisition of lands in sy.nos.171, 172 and 173 of the very same village was made but the said lands have not been utilized for the purpose for which it has been acquired and therefore, further acquisition of the petitioners lands is not a proper exercise of power. he also contended that the final notification in the instant case is issued beyond a period of one year from the date of issuance of the preliminary notification and therefore, the acquisition in the instant case is not in accordance with law. drawing my attention to annexure-h, which is a letter written by the assistant commissioner, mysore to the principal secretary, department of revenue, he has stated that when suitable land is sy.nos.183/1, 183/2, 183/3, 183/4 and 183/5 totally measuring 4 acres 27 guntas are available, the said lands which are uncultivated lands could be utilized for the purpose of the project rather than acquiring the petitioners’ land and that the said letter has not been taken into consideration by the state government.....
Tag this Judgment! Ask ChatGPT.....the insurance company is before this appeal challenging the liability saddled on it by the mact, bangalore, dt.19.4.2006 in mvc no.6666/04. 4. the facts leading to this case are as hereunder: the respondent-1 to 4 are the legal heirs of one raju @ rajanna who died in a road traffic accident occurred on 4.5.2004. on which date the deceased was sitting on the engine of a tractor bearing no.myu-5158. the said tractor had also a trallor bearing registeration no.my-5159. the insurance company contested the case on the ground engine alone was insured but not the trallor and if the accident has taken place on account of the deceased travelling either on the trallor or on the engine of the tractor, the risk of such person is not covered under the policy. therefore, it requested the court to dismiss the petition. the trial court based on the evidence let in by the parties awarded a total compensation of rs.4,33,000/-. however, the liability has been fastened on the insurance company. being aggrieved by the fixing of the liability on the appellant – insurance company, the present appeal is filed. 5. we have heard the learned counsel for the parties. 6. the main contention of.....
Tag this Judgment! Ask ChatGPT.....insured respectively by each of the appellants. in mfa no.2624/2007 the quantum of compensation awarded by tribunal is also challenged. 4. the facts leading to these cases are as here under: the respondent nos.1 to 4 were the claimants before the mact. one late john ivon fernandis died in a road traffic accident occurred on 01.03.2001 at about 5.30 p.m. on that day, deceased john ivon fernandis was riding his motor cycle bearing no. ka-15/e-2347 from jog to sagar. when he was near l.b. college in front of house of one sreenivasa rao, a tempo trax bearing no. cab 4664- which was coming from sagar side in an opposite direction in a rash and negligent manner dashed against motor cycle of the deceased. as a result, the deceased as well as the pillion rider one g.m.parameshwar fell on the road. behid the motor cycle bus bearing no. ka-14/7821 was also proceeding in the same direction. on account of the sudden fall of the deceased on the road the bus driver could not control its speed immediately and the bus ran over the body of the deceased and he succumbed injuries on the spot. therefore the claim petition was lodged. 5. the tribunal considering the evidence let in by each of.....
Tag this Judgment! Ask ChatGPT.....17.we are of the view that the petitioner has failed to make out a prima facie case. it is, therefore, not necessary for us to consider the other factors necessary for passing of an order of injunction. 18.we have gone through the records and contentions of the parties. the show cause notice issued by the respondent for termination of the uasl issued to the petitioner for punjab service area on 24.02.2011 is for violation of condition 1.4 and 6.2 uas licence and clause 1and 17 of the guidelines dated 22.04.2008 for intra service area merger of cmts/uasl and the petitioner was given 60 days’ time to reply to the said notice from the date of issue. 19.the petitioner has the opportunity to satisfy the government that it has not violated the terms and conditions of the agreement or otherwise. when the respondent has not examined the case fully, and have not come out with any conclusion, it will not be proper on the part of this tribunal to pre-empt enquiry to be conducted by the respondent. 20.therefore, we are of the opinion that this petition is premature and cannot be entertained at this stage. however, if the petitioner is aggrieved by the final orders of the respondent,.....
Tag this Judgment! Ask ChatGPT.....sanction to prosecute the respondent was duly issued by pw13 in his capacity as the disciplinary authority and it is a valid sanction order. 4. the fact that in pursuance to ext.p1 loan application, a sum of rs.25,000/- was sanctioned by the respondent in favour of the applicant shown therein and the said amount was withdrawn is not at all disputed. in the nature of the defence, the only point that arises is whether the applicant in ext.p1 loan application is a fictitious person or not. the special judge, referring to the evidence of pws 1,2, 3, 4, 5, 6, 7, 8, 9, 10 and 12, as mentioned earlier, arrived at a conclusion that the signature in the loan application and the connected documents including the withdrawal slip were forged by the respondent and using those documents as genuine the amount was withdrawn by the respondent and appropriated the same. 5. pw1 succeeded the respondent and assumed charge of the manager of the bank in may, 1994 when the respondent was relieved. he would depose that ext.p1 loan application is in the handwriting of the respondent. he also proved the connected documents. ext.p2 is the loan ledger. ext.p3 is the savings bank a/c opening form, wherein.....
Tag this Judgment! Ask ChatGPT.....and also the learned standing counsel for the respondents. it is contended that the petitioner had attained the age of superannuation on 31.5.03. in fact, the said fact was duly taken note of by the disciplinary authority in ext.p7 order itself. even after taking note of the said fact as per ext.p7, the petitioner was imposed with the penalty of removal from service with effect from the date of suspension. firstly it is contended by the learned counsel for the petitioner that since the petitioner has attained the age of superannuation on 31.5.03, the 2nd respondent should not have imposed penalty of removal from service on 13.6.2003 as per ext.p7. it is contended that once an employee attained the age of superannuation he falls beyond disciplinary jurisdiction of the concerned authority, and in such eventuality a punishment could not be imposed against such a person even on continuation of disciplinary proceedings. that apart, it is contended that ext.p7 order was passed by an incompetent authority. this contention is founded on the fact that the 2nd respondent was not his appointing authority or an authority above the appointing authority. 4. in the counter affidavit filed.....
Tag this Judgment! Ask ChatGPT.....commit theft, did lurking house trespass in the house by name chalengadi house, no. iv / 453 in kalathu ward of alappuzha municipality where the de facto complainant resides with her family. according to the prosecution, the accused trespassed into the front hall room of the said house and attempted to commit theft of a purse containing money which was kept on a table there. after investigation, a report was filed before the judicial first class magistrate court - ii, alappuzha and trial was proceeded on that report wherein pws 1 to 6 were examined and exts. p1 to p4 were marked. ext. d1 is the defence exhibit. the trial court finally found that the revision petitioner / accused is guilty under s.454 and s.511/380 of ipc. on such conviction, the learned magistrate sentenced the revision petitioner / accused to undergo rigorous imprisonment for a period of three years for the offence punishable under s.454 ipc and to pay fine of rs.5000/- under s.511/380 of ipc. the default sentence is fixed as six months simple imprisonment. the substantive period of sentence is ordered to run concurrently. set off was allowed. 4. challenging the above conviction and sentence, the petitioner.....
Tag this Judgment! Ask ChatGPT.....under ext.p1 prospectus they were required or entitled to write the common entrance examination for admissions to the quota reserved for them. in fact, only few of the medical officers seeking admission for post-graduate medical courses participated in the common entrance examination conducted by the commissioner for admissions in the open merit quota. ext.p1 also did not provide for any weightage marks to medical officers participating in the common entrance examination. however, one of the medical officers filed a representation to the government to provide for weightage mark for difficult rural area service and when the government did not consider the same, a writ petition was filed before this court and a learned single judge vide ext.p6 judgment dated 2.2.2011 directed the government to consider the representation to provide for weightage mark. based on the representation, the government issued ext.p5 on 22.2.2011 providing grant of weightage mark to medical officers in the following lines: "weightage will be given to candidates, who are in government service on regular basis and appearing for common entrance examination, who have done government service in remote or.....
Tag this Judgment! Ask ChatGPT.....nos. 1 to 6 were not entitled to receive any amount of compensation. the tribunal framed three issues in the claim case. issue no. 1 was regarding factum of the accident having taken place on 4.6.2007 on account of rash and negligent driving by the driver of the vehicle in question (i.e. the tractor) on account of which the said hari ram sitting on the vehicle in question (i.e. the tractor) fell down and sustained serious injuries, and consequently died. issue no.2 was as to whether the driver of the vehicle in question was not having valid and effective driving licence, and if yes, its effect. issue no. 3 was as to whether the claimant-respondent nos. 1 to 6 were entitled to any compensation, and if yes, the quantum of such compensation and against which opposite-party in the claim petition. the claimant-respondent nos. 1 to 6 led oral and documentary evidence in support of their case. the respondent nos. 7,8 and 9 and the appellant-insurance company (opposite parties in the claim case) filed documentary evidence but did not lead any oral evidence. having considered the material on record, the tribunal recorded its findings on various issues. as regards issue no. 1, the.....
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