Court : Karnataka Dharwad
Decided on : Feb-29-2024
..... no.3, that cannot be a factor to grant decree for specific performance of contract in toto.13. as per section 20 of the specific relief act 1963, (before amendment act, 2018) grant of relief of specific performance of contract is a discretionary one, as the courts shall exercise principles of judicial discretion. what are the ..... vs. a. m. krishnamurthy reported in air2022sc3361were pleased to laid down the law as under: 23. section 16 of the specific relief act, 1963, as it stood at the material time (prior to amendment with effect from 1.10.2018), inter alia, provides:- 16. personal bars to relief. specific performance of a contract cannot be ..... 2007 k.s.vidyanadam vs. vairavan has laid down the law that grant of relief of specific performance is a discretion and the court is not bound to grant the relief just because the agreement of sale is a registered one.14. as per section 20 of the specific relief act 1963, it is discretion as to decreeing specific performance (before amendment act .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-12-2024
..... that a parent has a right to claim maintenance against his children if he/she is aged and infirm.32. in the year 2007, the parliament enacted the maintenance and welfare of parents and senior citizens act, 2007 under which not only a parent but a grandparent could also claim maintenance from their children under 4 k. kumar v. smt. ..... due to changed scenario including the present cost of living and current rate of inflation and increased life expectancy. ************* 58. the central government was bestowed with duties to amend the second schedule in view of section 163-a(3), but it failed to do so for 19 years in spite of repeated observations of this court. for the ..... rupee.63. it is also to be noticed that section 163-a(3)17 also clearly and expressly states that the central government may from time to time amend the second schedule keeping in mind the cost of living. thus, the substantive provision of statute itself recognised the amounts mentioned in the second schedule could never be .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-11-2024
..... and other cadres shall be filed in accordance with the cadre and recruitment rules framed under the karnataka state civil services act, 1978 (karnataka act 14 of 1990) . amendment to sub-section (5) of sec.25a has the following text: every public prosecutor, additional public prosecutor appointed by the state government ..... each of the deputy directors of prosecution have been appointed shall be such as the state government may, by notification, specify. (c) karnataka state amendment to sec.25a(2) of the code reads as under: the post of director of prosecution and government litigations, or a deputy director of prosecution ..... from the cadre of prosecutors recruited under the recruitment rules framed by the government under the karnataka state civil services act, 1978 shall be subordinate .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-11-2024
..... of commencement of trial at the stage anterior to framing of charge and, eliminating an inquiry before the charge as was the requirement prior to the amendment of 1898 code in 1955 which would show that court has treated order framing the charge other than interlocutory. however, reference in this context was made ..... institution under section2f) of the1988act: (i) there is force in the submission of learned senior advocate mr. nagesh that in the dictionary clause of the act, religious institution has been defined and the impugned order transcends this definition in extending the restraint beyond the mutt, to even the educational institutions run under its ..... amongst the masses; the shrines & religious places as holy as the golden temple in amritsar were being misused for creating communal disharmony & hatred. these nefarious acts and other of the kind, the statute in question seeks to proscribe and makes them punishable. all other offences howsoever gruesome, would not fit into the .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-12-2024
..... and inflation rates, the ceiling of rs.500 was done away with by the 2001 amendment act. the statement of objects and reasons of the amendment act states that the wife had to wait for several years before being granted maintenance. consequently, the amendment act introduced an express provision for grant of interim maintenance . the magistrate was vested with the ..... the discretion to award payment of maintenance either from the date of the order, or from the date of the application. under the third proviso to the amended section 125, the application for grant of interim maintenance must be disposed of as far as possible within sixty days from the date of service of notice ..... fairly determined, only if her separate income, also, is taken into account together with the earnings of the husband and his commitments. (emphasis supplied) prior to the amendment of section 125 in 2001, there was a ceiling on the amount which could be awarded as maintenance, being rs.500 in the whole . in view of .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-11-2024
..... of commencement of trial at the stage anterior to framing of charge and, eliminating an inquiry before the charge as was the requirement prior to the amendment of 1898 code in 1955 which would show that court has treated order framing the charge other than interlocutory. however, reference in this context was made ..... institution under section2f) of the1988act: (i) there is force in the submission of learned senior advocate mr. nagesh that in the dictionary clause of the act, religious institution has been defined and the impugned order transcends this definition in extending the restraint beyond the mutt, to even the educational institutions run under its ..... amongst the masses; the shrines & religious places as holy as the golden temple in amritsar were being misused for creating communal disharmony & hatred. these nefarious acts and other of the kind, the statute in question seeks to proscribe and makes them punishable. all other offences howsoever gruesome, would not fit into the .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-15-2024
..... for the offences alleged to have been committed under the 1956 act. therefore, section 216(16) of the act, 2013, being unambiguous in its application, the amended act, 2013, will not be applicable, and consequently, the special court established under the 2013 act lacks jurisdiction. b) the provisions of the companies act, 2013, are prospective. therefore, the special judge has no ..... way of process without issuing summons is contrary to the guidelines laid down by the apex court in the case of inder mohan goswamy -vs- state of uttaranchal, 2007 12 scc1 12. submissions of sri amar correa, learned counsel for the petitioners in w.p.no.4381/2018 c/w w.p.no.4380/2018 are as ..... no.6074 of 2018 wp no.11889 of 2018 offered by it for placing the orders for purchase of aircrafts. the remittance, if had come in the normal course, would have gone for reduction in purchase price of the aircraft or accounted as miscellaneous income in the books of erstwhile kfal. knowing fully well about the nature of .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-15-2024
..... for the offences alleged to have been committed under the 1956 act. therefore, section 216(16) of the act, 2013, being unambiguous in its application, the amended act, 2013, will not be applicable, and consequently, the special court established under the 2013 act lacks jurisdiction. b) the provisions of the companies act, 2013, are prospective. therefore, the special judge has no ..... way of process without issuing summons is contrary to the guidelines laid down by the apex court in the case of inder mohan goswamy -vs- state of uttaranchal, 2007 12 scc1 12. submissions of sri amar correa, learned counsel for the petitioners in w.p.no.4381/2018 c/w w.p.no.4380/2018 are as ..... no.6074 of 2018 wp no.11889 of 2018 offered by it for placing the orders for purchase of aircrafts. the remittance, if had come in the normal course, would have gone for reduction in purchase price of the aircraft or accounted as miscellaneous income in the books of erstwhile kfal. knowing fully well about the nature of .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-15-2024
..... for the offences alleged to have been committed under the 1956 act. therefore, section 216(16) of the act, 2013, being unambiguous in its application, the amended act, 2013, will not be applicable, and consequently, the special court established under the 2013 act lacks jurisdiction. b) the provisions of the companies act, 2013, are prospective. therefore, the special judge has no ..... way of process without issuing summons is contrary to the guidelines laid down by the apex court in the case of inder mohan goswamy -vs- state of uttaranchal, 2007 12 scc1 12. submissions of sri amar correa, learned counsel for the petitioners in w.p.no.4381/2018 c/w w.p.no.4380/2018 are as ..... no.6074 of 2018 wp no.11889 of 2018 offered by it for placing the orders for purchase of aircrafts. the remittance, if had come in the normal course, would have gone for reduction in purchase price of the aircraft or accounted as miscellaneous income in the books of erstwhile kfal. knowing fully well about the nature of .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-15-2024
..... for the offences alleged to have been committed under the 1956 act. therefore, section 216(16) of the act, 2013, being unambiguous in its application, the amended act, 2013, will not be applicable, and consequently, the special court established under the 2013 act lacks jurisdiction. b) the provisions of the companies act, 2013, are prospective. therefore, the special judge has no ..... way of process without issuing summons is contrary to the guidelines laid down by the apex court in the case of inder mohan goswamy -vs- state of uttaranchal, 2007 12 scc1 12. submissions of sri amar correa, learned counsel for the petitioners in w.p.no.4381/2018 c/w w.p.no.4380/2018 are as ..... no.6074 of 2018 wp no.11889 of 2018 offered by it for placing the orders for purchase of aircrafts. the remittance, if had come in the normal course, would have gone for reduction in purchase price of the aircraft or accounted as miscellaneous income in the books of erstwhile kfal. knowing fully well about the nature of .....
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