Court : Karnataka Dharwad
..... fixed as being five years from the date appointed for its first meeting and no longer vide the constitution (seventy third amendment) act, 1992 w.e.f. 24.04.1993 & the constitution (seventy fourth :12. : amendment) act 1992 w.e.f. 01.06.1993; acceding to the prayer of the writ petitioners and thereby directing the respondent-state ..... advanced on behalf of the applicants offends this well established norm. (c) in kishansingh tomar, supra the apex court having discussed the object of seventy fourth amendment to the constitution expressed its anguish against delaying and postponing of elections to the local bodies in many states; at paragraph 14, it observed that it is ..... commission have power to extend the tenure of elected local bodies of the kind in any circumstances whatsoever; the text & context of seventy third & seventy fourth amendments to the constitution do not leave even a shadow of such power. (e) it hardly needs to be stated that the voters/electors elect their representatives to .....
Tag this Judgment!Court : Karnataka Dharwad
..... fixed as being five years from the date appointed for its first meeting and no longer vide the constitution (seventy third amendment) act, 1992 w.e.f. 24.04.1993 & the constitution (seventy fourth :12. : amendment) act 1992 w.e.f. 01.06.1993; acceding to the prayer of the writ petitioners and thereby directing the respondent-state ..... advanced on behalf of the applicants offends this well established norm. (c) in kishansingh tomar, supra the apex court having discussed the object of seventy fourth amendment to the constitution expressed its anguish against delaying and postponing of elections to the local bodies in many states; at paragraph 14, it observed that it is ..... commission have power to extend the tenure of elected local bodies of the kind in any circumstances whatsoever; the text & context of seventy third & seventy fourth amendments to the constitution do not leave even a shadow of such power. (e) it hardly needs to be stated that the voters/electors elect their representatives to .....
Tag this Judgment!Court : Karnataka Dharwad
..... fixed as being five years from the date appointed for its first meeting and no longer vide the constitution (seventy third amendment) act, 1992 w.e.f. 24.04.1993 & the constitution (seventy fourth :12. : amendment) act 1992 w.e.f. 01.06.1993; acceding to the prayer of the writ petitioners and thereby directing the respondent-state ..... advanced on behalf of the applicants offends this well established norm. (c) in kishansingh tomar, supra the apex court having discussed the object of seventy fourth amendment to the constitution expressed its anguish against delaying and postponing of elections to the local bodies in many states; at paragraph 14, it observed that it is ..... commission have power to extend the tenure of elected local bodies of the kind in any circumstances whatsoever; the text & context of seventy third & seventy fourth amendments to the constitution do not leave even a shadow of such power. (e) it hardly needs to be stated that the voters/electors elect their representatives to .....
Tag this Judgment!Court : Karnataka Dharwad
..... fixed as being five years from the date appointed for its first meeting and no longer vide the constitution (seventy third amendment) act, 1992 w.e.f. 24.04.1993 & the constitution (seventy fourth :12. : amendment) act 1992 w.e.f. 01.06.1993; acceding to the prayer of the writ petitioners and thereby directing the respondent-state ..... advanced on behalf of the applicants offends this well established norm. (c) in kishansingh tomar, supra the apex court having discussed the object of seventy fourth amendment to the constitution expressed its anguish against delaying and postponing of elections to the local bodies in many states; at paragraph 14, it observed that it is ..... commission have power to extend the tenure of elected local bodies of the kind in any circumstances whatsoever; the text & context of seventy third & seventy fourth amendments to the constitution do not leave even a shadow of such power. (e) it hardly needs to be stated that the voters/electors elect their representatives to .....
Tag this Judgment!Court : Karnataka Dharwad
..... fixed as being five years from the date appointed for its first meeting and no longer vide the constitution (seventy third amendment) act, 1992 w.e.f. 24.04.1993 & the constitution (seventy fourth :12. : amendment) act 1992 w.e.f. 01.06.1993; acceding to the prayer of the writ petitioners and thereby directing the respondent-state ..... advanced on behalf of the applicants offends this well established norm. (c) in kishansingh tomar, supra the apex court having discussed the object of seventy fourth amendment to the constitution expressed its anguish against delaying and postponing of elections to the local bodies in many states; at paragraph 14, it observed that it is ..... commission have power to extend the tenure of elected local bodies of the kind in any circumstances whatsoever; the text & context of seventy third & seventy fourth amendments to the constitution do not leave even a shadow of such power. (e) it hardly needs to be stated that the voters/electors elect their representatives to .....
Tag this Judgment!Court : Karnataka Dharwad
..... money the court shall if it grants stay without requiring security, record its reasons for so doing." the underlined words and the proviso have been inserted by c.p.c. (amendment) act 104/1976.6. the learned civil judge after referring to a decision of the supreme court in shaukat hussain @ ali akrarn and others v. smt. bhuneswari devi (dead by l ..... its earlier ruling in shaukat hussain (supra) and explained that the additional words 'or of a decree which is being executed by such court' introduced by section 72 of the amendment act - 19 - wp no.103071 of 2017 104 of 1976 in order xxi rule 29 of the cpc, did not make any difference to the legal position explained in shaukat hussain ..... r.a. no.8/2006 on the file of the civil judge, yallapur. the said appeal was allowed by the first appellate court vide judgment and decree dated 13.12.2007, as a result of which the suit filed by the petitioners came to be dismissed. aggrieved by the judgment and decree passed by the first appellate court in r.a .....
Tag this Judgment!Court : Karnataka Dharwad
..... plaintiffs 1 and 2, it is also a fact that the houses were not subjected to partition. after repeal of section 23, they got a right to seek partition. the amendment act is held to be prospective in operation - 21 - nc:2023. khc-d:11980-db rfa no.100221 of 2016 c/w rfa no.100197 of 2016 with retroactive effect. the ..... entitled to claim partition in the dwelling house until the male members chose to divide their respective shares. this section was repealed by the amendment act. the argument of sri j.s.shetty was that when the plaintiffs 1 and 2 and defendant 13 decided not to take any share at the time when agricultural lands ..... mallappa betageri. before section 23 of - 20 - nc:2023. khc-d:11980-db rfa no.100221 of 2016 c/w rfa no.100197 of 2016 hindu succession act was repealed by the hindu succession (amendment) act, 2005 it stated that if the dwelling house was wholly occupied by members of the family of a hindu who dies intestate, the female heir was not .....
Tag this Judgment!Court : Karnataka Dharwad
..... plaintiffs 1 and 2, it is also a fact that the houses were not subjected to partition. after repeal of section 23, they got a right to seek partition. the amendment act is held to be prospective in operation - 21 - nc:2023. khc-d:11980-db rfa no.100221 of 2016 c/w rfa no.100197 of 2016 with retroactive effect. the ..... entitled to claim partition in the dwelling house until the male members chose to divide their respective shares. this section was repealed by the amendment act. the argument of sri j.s.shetty was that when the plaintiffs 1 and 2 and defendant 13 decided not to take any share at the time when agricultural lands ..... mallappa betageri. before section 23 of - 20 - nc:2023. khc-d:11980-db rfa no.100221 of 2016 c/w rfa no.100197 of 2016 hindu succession act was repealed by the hindu succession (amendment) act, 2005 it stated that if the dwelling house was wholly occupied by members of the family of a hindu who dies intestate, the female heir was not .....
Tag this Judgment!Court : Karnataka Dharwad
..... may add a small concurring note.54. the arbitration and conciliation act, 1996, based on uncitral model law is a marked departure from the earlier arbitration act, 1940 and the very purpose of this new enactment as amended in last recently by amendment act of 2015 (act no.3 of 2016) is to expedite the dispute resolution through ..... cannot be settled through mutual negotiations in good faith, shall be settled by arbitration as per the provisions of the indian arbitration and conciliation act, 1996, along with latest amendments. this fact is not in dispute. as such, there is no dispute regarding the existence of the arbitration agreement between the parties and also ..... , which has come to our notice also requires to be considered.34. p.c. markanda, in his book law relating to arbitration and conciliation 6th edition, reprint 2007, wadhwa and company nagpur publication, at page 299, after relying upon the judgment in precision engineering vs. delhi jal board, reported in 2003 (1) arb lr606del .....
Tag this Judgment!Court : Karnataka Dharwad
..... and after completion of arguments on both sides, the matter was reserved on that day.17. after the remand from the hon ble supreme court, the petitioners filed amended writ petition and the respondent also filed objections to the main petition. :26. :18. the substance of the entire writ petition is that the children were ..... opportunity to adduce evidence in support of their respective versions. the solitary test for determining the jurisdiction of the court under section 9 of the g&w act is the ordinary residence of the minor children. the expression used is where the minor ordinarily resides . whether the minor is ordinarily residing at a given ..... air2003gujarat 74 in the case of harshadbhai zinabhai desai vs. bhavnaben harshadbhai desai and relying upon the provisions of section 9 of the g&w :17. : act, has come to the conclusion that the petitioners have failed to show that the petition is not maintainable for want of territorial jurisdiction. accordingly, rejected their application.12 .....
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