Court : Karnataka Dharwad
..... in the case of a councillor or member whose term of office has commenced on or before the date of commencement of the karnataka local authorities (prohibition of defection) (amendment) act, 1995, after expiry of six months from such date. (3) x x x ]. (4) notwithstanding anything contained in the foregoing provisions of this section, a person ..... in the case of a councillor or member whose term of office has commenced on or before the date of commencement of the karnataka local authorities (prohibition of defection) (amendment) act, 1995 within six months from such date. 13 (2) an elected councillor, or as the case may be, a member, who has been elected as such, ..... attempt had been made to communicate the direction through any one of the modes of services. generally speaking, notices under various enactments such as civil procedure code and other acts notice is to be effected personally or by rpad or by courier or through electronic mail.50. it is only after the service through any one of the .....
Tag this Judgment!Court : Karnataka Dharwad
..... payable to a licensed surveyor shall be as maybe prescribed. 2(a) section 18-a is inserted by amendment act no.14 of 1999 with effect from 30th april, 1999. the object for the said amendment is as under: amending act 14 of 1999 some more than three lakhs of mutation phody cases are pending for measurement and many cases ..... ) who shall possess such qualifications and experience, as may be prescribed by inserting a new section to karnataka land revenue act, 1964. it is also proposed, by amending sections 128 and 131 of the said act, to make it obligatory for any person reporting acquisition of right in a partition, in respect of land and any ..... required integrity as entrusted to the licensed surveyors would make them liable to special penalties prescribed for delinquent public servants under the provisions of the prevention of corruption act, 1988. 4. state government has bestowed upon the licenced surveyors of its statutory work of preparing survey sketches. it is more than clear from the .....
Tag this Judgment!Court : Karnataka Dharwad
..... family properties which are available for being partitioned. 28. however, there is another development in law namely the provisions of section 6 of the hindu succession act having been amended by central act no.39/2005 whereby a daughter is also taken to be co-parcener in the family and as the sharing ratio is being finalised in terms of ..... and the 1st defendant and the position/status of the 2nd defendant having been considerably enhanced to attain the status of a coparcener on and after amendment to section 6 of the act by central act no.39/2005. he further submits that even though the respondents have not appealed, to this extent, the judgment and decree calls for a ..... has been served, has made an application for setting aside the exparte decree against her and it is still pending consideration before the court below in civil misc. no.1/2007 in the court of civil judge (sr.dn.). hirekerur. 17. however, in so far as the sharing ratio is concerned, mr.kadibagil, learned counsel for the 1st .....
Tag this Judgment!Court : Karnataka Dharwad
..... therein at the time of cross-examination or re-examination of the witness. there cannot be any dispute that rule 4 of order xviii is introduced by way of amendment to do away with unnecessary wastage of time which may be taken for examination of witness in chief. rule 4 of order xviii does not make distinction between appealable ..... shall be signed by the judge or otherwise authenticated, and shall form part of the record." 10. sub-rule (1) of rule 4 of order xviii, after the amendment of the year 2002, makes it abundantly clear that examination-in-chief of a witness shall be on affidavit. this rule has been brought in the statute book in order ..... to suits shall be followed in the triai and disposal of election petition under the karnataka municipal corporations act, as far as it can be made applicable. 8. order xviii rule 4 of the code of civil procedure (hereinafter called as code) as amended in the year 2002 contemplates recording of evidence in civil suits. the relevant portions of rule 4 .....
Tag this Judgment!Court : Karnataka Dharwad
..... rules', for brevity). section 30 of the klg rules reads as follows : "30. repeal and savings - the karnataka land grant rules, 1968 and karnataka land revenue (amendment) rules, 1967 (rule 93-a) are hereby repealed: provided that the repeal shall not affect:- (a) the previous operation of any rule so repealed or anything duly ..... granted to scheduled castes and scheduled tribes by government on the lines of the model legislation prepared by it and circulated to the state governments." section 4 of the ptcl act prohibited transfer of granted land. it reads as follows : "4. prohibition of transfer of granted lands - (1) notwithstanding anything in any law, agreement, contract ..... under the corresponding provision of these rules shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under the act or these, as the case may be." the resultant position was, inter alia, that any right or obligation acquired or incurred under the respective rules .....
Tag this Judgment!Court : Karnataka Dharwad
..... presumption of knowledge. v) whether the proceedings contemplated under section 200 of the code can be dispensed with, in the light of section 145 of the n.i. act which was introduced by an amendment in the year 2002? and answered the same as follows:- i) filing of complaint petition under section 138 of n.i ..... a sum of rs.60,000/- despite several demands she did not repay the said amount. finally she paid one account payee cheque bearing no. 4796893 dated 27.09.2007 drawn on bank of india, hospet branch for rs.60,000/-. when the cheque was presented for encashment, it was returned with an endorsement funds insufficient. the complainant ..... sriram transport finance company limited filed a private complaint through its general power of attorney holder against the accused alleging the offence punishable under section 138 of n.i. act. the allegation was, the accused being a customer of the company availed loan from the company to purchase tata tipper vehicle for a total hire purchase value of rs .....
Tag this Judgment!Court : Karnataka Dharwad
..... share, right title or interest in the hindu undivided family in which her husband is a co-parcener with his brothers, father or sons and after the amendment of section 6 of the hindu succession act 2005 with his sisters and daughters also. the wife, may be a member of a joint hindu family, but by virtue of being a member in ..... held by both the courts below. so far as the bombay school of mitakshara law, in similar circumstances, it is enunciated referring to provision of hindu law and recently upon amendment of 2005, by the bombay high court in a judgment reported in air2014bombay 119, in the c ase of jayamati n arendr a shah (dece ased by l.rs.) and ..... , it was not having any evidentiary value. to show that still the jethansi custom was in existence, holding that oral evidence was inadmissible, relying upon section 91 of the evidence act it was held that the claimants are entitled for 1/4 t h share in the joint family property and also what are the joint family properties which are to .....
Tag this Judgment!Court : Karnataka Dharwad
..... court in the case of state of tamil nadu vs state of kerala reported in air2014sc2407while examining the constitutionality of kerala irrigation and water conservation (amendment) act, 2006 and declaring it as unconstitutional in its application to and effect on the mullaperiar dam was also examining the separation of powers between legislature, ..... advancement scheme scheme of conditions specified in the guidelines issued competent authorities/bodies; and career subject fulfillment the by to the and scheme, contention 5145/2007 of and whereas, the non-reckoning of non-grant period of service for automatic advancement career advancement scheme and pension was challenged by some aided ..... (a). & directing the respondents/ state government to implement the direction issued by the this hon'ble court in writ appeal no.848/2008c/w-450/2007 as per annexure-c. in part in wp nos.102032 102033/2015: between:1. ... petitioners sri chanaveeragouda s/o virupaxagouda patil aged about47years, first divisional .....
Tag this Judgment!Court : Karnataka Dharwad
..... specifically incorporated in article 30(1-a) as well as in the second proviso to article 31-a(1) for achieving specific objectives. the constitution (forty-fourth amendment) act, 1978 while omitting article 31 brought in a substantive provision clause (1-a) to article 30. resultantly, though no individual or even educational institution belonging to majority ..... united states [boston, 1894 (awr)]., the claim for compensation is an inherent attribute of the concept of eminent domain.154. the constitution was again amended by the seventeenth amendment act of 1964, by which the state extended the scope of article 31-a and schedule ix to protect certain agrarian reforms enacted by the kerala and ..... to compensate the injury by making just compensation as held by this court in girnar traders v. state of maharashtra [girnar traders v. state of maharashtra, (2007) 7 scc555 paras 55 and 56]. .98. it has been established beyond any iota of doubt that the private road admeasuring 414 sq m area had .....
Tag this Judgment!Court : Karnataka Dharwad
..... including tenants against whom a decree or order for eviction or a certificate for resumption is made or issued) immediately prior to the date of commencement of the amendment act, other than lands held by them under leases permitted under section 5, shall, with effect on and from the said date, stand transferred to and vest in ..... of his contentions: (i) gurubasappa ningappa banakar vs. the land tribunal, dharwar & others, ilr1979kar156 (ii) suresh s.rao and others vs. land tribunal, belgaum and others, 2007 (5) kar.l.j.303; (iii) baleshwar tewari by lrs and others vs. sheo jatan tiwary and others, ilr1997kar2186 (iv) venkatappa ningappa vs. state of karnataka and others ..... carried out in that case and that is specifically excluded from the definition of cultivation under 1961 act. therefore, the said decision is clearly distinguishable on facts.22. in suresh s.rao and others vs. land tribunal, belgaum and others, 2007 (5) kar.l.j.303, a learned single judge of this court held that even .....
Tag this Judgment!