Court : Karnataka
Decided on : Dec-20-2013
..... under a lease agreement incorporating the terms of the master agreement and any appropriate amendments specified in the lease agreement.in pursuance of the master agreement, the petitioner and the lessee entered into agreements for leasing of several aircraft engines. accordingly, agreement no.1 and agreement no.2 dated 30th september 2005 ..... the respondent partly regarding admission of the company petition, without passing an order for admission he entertained the application filed under section 536(2) of the act and has passed the impugned order. therefore, the question for consideration is, whether maintainable even before such the an application company petition admitted.54.section ..... september 2005; lease agreement no.2 dated 30th september 2005 and lease agreement no.4 dated 28th march 2007.22 6.their case is that, the respondent has executed a corporate guarantee dated 27th september 2007 in favour of the petitioner & rrpf for the amounts due under the aforesaid agreements.in fact, .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-27-2013
..... that the petitioners are likely to be subjected to lengthy proceedings and consequential harassment is unacceptable, ivv view of the amendment of the act by insertion of suh-secticn (3-a) of s.13 of the act. the amended provision reads as follows: "(3-a), every complaint shall be heard as expeditiously as possible and endeavour shall be made ..... "7. the definition of 'consumer' in the cp act is apparently wide enough and encompasses within its fold not only the goods but also the services, ..... territory of a high contracting party for the purpose of rule 29 of the second schedule to the ca act and the warsaw convention." (emphasis supplied) 9. in the case of kishore lai /s. chairman, employees' state insurance corpn., (2007) 4 scc 579, with regard to scope of definition of 'consumer', apex court has held as follows: .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jan-18-2013
..... as a result of consequential bodily injuries on the face of it, the present petition deserves to be dismissed". admittedly the claim petition is not amended and there is no plea raised in the claim petition that claimant expired on account of bodily injuries sustained by him. as such tribunal has ..... pendency of the petition, his legal representative can come on record and continue the proceedings?" 14. after analysing various provisions of the statute, namely, motor vehicles act, their lordships have concluded by answering the reference as under: "11. however, before answering the question referred for decision by the full bench, one important ..... injuries sustained from a motor accident, be prosecuted by his/her legal representatives; but (ii) a claim petition presented under section 110a of the motor vehicles act, 1939, by the person sustaining bodily injuries in a motor accident, claiming compensation for personal injuries as also for compensation towards expenses, loss of income, etc .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Mar-28-2013
..... act, and whereas section 11(2) of the land acquisition act, 1894 read with rule 10-b of the karnataka land acquisition (amendment) rules, 1986, provides that where the amount of compensation has been determined by agreement between the ..... in ............. taluk of ................ district. whereas, the said piece and parcel of land has been notified for acquisition under the provisions of land acquisition act, 1894 as amended from time to time for .................... /and/possession thereof has been taken by government duly serving notice under the provision of the said ..... statutory benefits under sub section (1a) and (2) of sec. 23 of the land acquisition act, 1894, (for short "the l.a. act"). 7.1. the division bench, then after reproducing 'form-d' prescribed under the karnataka land acquisition (amendment rules, 1986) (for short "the rules") in paragraph nos.3,4,5 and 6 observed .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Mar-01-2013
..... defendant no.4 and the same was allowed by an order dated 17.01.1994. i.a.12 was filed under order 6 rule 17 cpc to permit amendment of the plaint, to incorporate the events which had taken lace with regard to the acquisition of the property from the time of issuance of notification under section ..... the decree was set-aside and the case was remanded to the trial court for fresh decision with liberty to the plaintiffs to apply for the amendment of the plaint. the plaintiffs amended the plaint, wherein it was stated that they were dispossessed on 22.06.1988 without taking proceedings for acquisition of land and their dispossession was ..... proper publication of notification and declaration within limitation and procedural steps of publication in papers and the local publications envisaged under the act as amended by act 68 of 1984. in publication of the notifications and declaration under section 6, the public purpose gets crystallized and becomes conclusive. thereafter, the state is entitled .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-02-2013
..... at annexure-c in so far as the petitioners lands are concerned under section 17 and 19 of the kuda act respectively.) the petitioning land-owners' grievance in w.p.nos.394/2008, 9966/2008, 1914/2007, 2447/2008, 2733/2008, 1915/2007, 17000/2008 and 17052-17054/2008, 37548-37549/2009, 25570-25572/2009, 5490-5491/2009, 2348-2458/2011 ..... hassan cannot secure entry into the ksca's premises as a matter of right. 13. he submits that once the scheme is brought in place, there cannot be any amendment to the same. in the instant case, as the respondents claim to have taken the possession in 2004 itself, there cannot be any modification of the scheme after ..... built permanent structures on the lands in question and have been residing therein. 27. sri nikilesh rao, the learned counsel for the petitioners in w.p.nos.1914/2007, 1915/2007 and 5490-91/2009 submits that neither the delay nor the passing of the consent awards would come in the way of the petitioners challenging the acquisition proceedings, .....
Tag this Judgment!Court : Karnataka Gulbarga
Decided on : Jan-22-2013
..... is adequate or substantial compliance with section 42 or not is a question of fact to be decided in each case. the above position got strengthened with the amendment to section 42 by act 9 of 2001." the learned counsel would also submit that if the information was received when the officer was not in the police station, but while he was ..... a witness in the proceedings and therefore, seeks to justify the judgment. 6. on these rival contentions, the prosecution seeking to contend that the requirement under section 42 of the ndps act is not mandatory is incorrect. the law as laid down by the apex court in karnail singh, supra, which has been consistently reiterated in dondusa namasa baddi, supra and ..... (prayer: this criminal appeal is filed under section 374(2) of the criminal procedure code, 1973, against the judgment dated 8.1.2007 passed by the principal sessions judge, bidar in spl.cc (ndps) no.53/05 and etc.) 1. heard the learned counsel for the appellants and the learned additional state .....
Tag this Judgment!Court : Karnataka Gulbarga
Decided on : Feb-28-2013
..... under: the parameter for initiation of the proceedings is the publication of the notification under s. 4(1) of the act in the state gazette or in an appropriate cases in district gazette as per the local amendments. but the condition precedent is publication of the notification under s.4(1) in the appropriate gazette. that would give ..... judges court, raichur against the judgment/order and decree of the civil judges court, raichur in lac no.60/2003. however, by the order dated 01.03.2007, the said government order dated 07.10.2006 according sanction to prefer appeal has been withdrawn. it demonstrates that the government initially took a decision to prefer an ..... period. subsequently, the petitioners filed a fresh memo of calculation reflecting the balance amount payable by the respondents as rs.17,01,097-00 as on 18.08.2007. at that stage, the respondents filed objection in the execution petition contending that in the light of the latest judgment of the honble supreme court of india, the .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-02-2013
..... ; and includes any place or places of religious worship, instruction or training which are pertinent to the institution. 22. clause 16 of section 2 before the first amendment act defined the word "hindu". by the first amendment act, the said clause was substituted by the following clause no.16 defining "hindu religious denomination". the substituted clause no. 16 reads thus: 16. "hindu religious denomination ..... november, 2001, it was brought into force w.e.f. 1.5.2003 vide notification no.rd/172/nusevi/2001 dated 30.4.2003. the new act was amended by karnataka hindu religious and charitable endowments (amendment act), 2001, (act no.27/2011) (for short the "first amendment act") and it was published in the karnataka gazette, extraordinary, on the 4th day of may 2011. the new .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-03-2013
..... the notification in exercise of the power under section 21 of the general clauses act. 11. section 21 of the general clauses act, reads as follows.- "21. power to issue, to include power to add to, amend, vary or rescind notifications, orders, rules or bye-laws,-- where, by any central act or regulation, a power to issue notifications, orders, rules or bye- laws is ..... conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any notifications, orders, rules or bye-laws so .....
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