Judgment Search Results Home > Cases Phrase: appropriation act 2005 Court: karnataka Page 11 of about 25,602 results (0.103 seconds)

Parminder Singh S/O Shrimava Singh Vs. State of Karnataka by H.A.L. Po ...

Court : Karnataka

Reported in : 2007(2)KarLJ7; 2007(2)KCCR1409; 2007(2)AIRKarR256(DB)

..... is pleaded or raised by an accused person and the evidence led in support of such plea, judged by the test of the preponderance of probability, as in a civil proceeding, fails to displace the presumption arising from section 105 of the evidence act, in other words, to disprove the absence of circumstances bringing the case within the said exception; but upon a consideration of the evidence as a whole, including the evidence given in support of the plea based on the said ..... the principal laid down supra shows that the burden of proof stand by the prosecution even in respect of the cases covered under section 105 of the evidence act, if the accused were to point out directly or indirectly the probability and other circumstances available on record, it is open for the accused independently to claim the exception provided under section ..... because of the reason that in the mahazar it is mentioned that all the articles found scattered inside the house cannot be presumed that there was free-fight and that even while in the act of the deceased escaping and running away, the articles might have scattered in the room, thirdly, submitted that the voluntary statement ex.p10 cannot be looked into. ..... as we think that it would be appropriate and useful to set out the sum and substance of the above discussions regarding the scope of section 105 and we accordingly state the same as ..... . state of andhra pradesh reported in 2005 supreme court cases (cri) 1301, the apex court at para 11 has .....

Smt. Revathi W/O. RamachandrA. Vs. Smt. Kiran.P.Suvarna, W/O. Padmanab ...

Court : Karnataka

..... (ii) the impugned judgment and award dated 05.11.2005 passed by the tribunal inmvc no.692/2002 is hereby set aside and matter stands remitted back to the tribunal for reconsideration afresh, with a direction to pass appropriate orders, in strict compliance of the relevant provisions of the m.v. ..... this jopeal by the appellants is directed against the impugned judgment and award dated 05/11/2005 passed in mvc no. ..... act, bearing in mind the well settled law laid down by the apex court and this court in hosts of judgment and also after permitting the claimants to implead the driver, owner and insurer of the bus ..... act, claiming compensation on account of the death of the deceased in the road traffic accident, contending that, on 21.10.2001 at about 6 30 p.m. .....

H.N. Veerabhadrachar Vs. the Bangalore Development Authority, by Its C ...

Court : Karnataka

Reported in : 2012(3)KCCR2127

..... under, the above circumstances, we direct that whenever the state governments or local authorities allot land for various purposes indicated in section 43 of the act and various items indicated in section 43, preferential treatment be given to the disabled persons and the land shall be given at concessional rate. ..... section 43 casts are obligation upon appropriate governments to formulate schemes for preferential allotment of lands and houses, to benefit persons with disabilities. ..... (2) for purposes of sub-section (1), the appropriate governments and local authorities shall grant financial assistance to non-governmental organisations. ..... there is a duty cast on the appropriate government, focal authorities and development authorities to frame the schemes in favour of persons with disabilities for the preferential allotment of sites at concessional rates. 16. ..... non-framing of such a scheme would not in any way negate the provisions of sec.43 of the act, which clearly lays down that such disabled persons will get preference in the matter of allotment of land and houses at concessional rates. ..... -the appropriate governments and focal authorities shall by notification frame schemes in favour of persons with disabilities, for the preferential allotment of land at concessional rates of - (a) house; (b) setting up business; (c) setting up of special recreation centres; (d) establishment of special schools; (e) establishment of ..... (c)no.22934/2005 and cm 15021/2005 disposed off on 18.8.2006. "10. .....

Sharath Rukmangada and Another Vs. Cauvery Papers Limited (In Liqn), R ...

Court : Karnataka

..... "while expressing the aforesaid view, we are conscious that the powers conferred upon the high court under article 226 of the constitution to issue to any person or authority, including in appropriate cases, any government, directions, orders or writs including the five prerogative writs for the enforcement of any of the rights conferred by part-iii or for any other purpose are very wide ..... to sell or otherwise transfer the assets of a debtor company-in-liquidation, the said power could be exercised by it only after obtaining the appropriate permission from the company court and acting in terms of the directions issued by that court as regards associating the official liquidator with the sale, the fixing of the upset price or the reserve price, confirmation of the sale, holding ..... to sell or otherwise transfer the assets of a debtor company-in-liquidation, the said power could be exercised by it only after obtaining the appropriate permission from the company court and acting in terms of the directions issued by that court as regards associating the official liquidator with the sale, the fixing of the upset price or the reserve price, confirmation of the sale, holding ..... by learned counsel for applicants reported in air 2013 sc 2036 in civil appeal nos.7045 with 7046/2005 decided on 7.5.2013 in the case of bank of maharastra vs. ..... upon a perusal of the copy of the sale deed annexed along with the said application at annexure-k indicates that the said property was purchased on 2.3.2005. .....

Sri Srinivasaiah P.S. S/O Sri Siddappa Vs. Sri Ramaiah, S/O Sri Rangap ...

Court : Karnataka

..... the trial court to take notice of the said direction at least now and give effect to the same, otherwise, appropriate action may have to follow.6. ..... iyyamperumal and others - (2005) 6 scc 733. ..... the parties to the suit can be the vendor and the purchaser in terms of s.19 of the act. .....

The President Vs. Indian Red Cross Society

Court : Karnataka Dharwad

..... this court by order dated 14.1.2008 directed the petitioners to approach the controlling authority under the payment of gratuity act, 1972 (for short the act ) for appropriate reliefs.3. ..... 3 this writ appeal is filed under section 4 of the high courts act, praying to set aside the impugned order in w.p.no.104050/2014 dated 24.7.2014 passed by the learned single judge of this hon ble court, etc. ..... they retired on 28.2.2005 and 31.7.2004 respectively on attaining the age of superannuation. ..... appellate authority u/payment of gratuity act and regional labour commissioner, central, shramsadan, 3rd cross, 3rd main, 2nd phase, tumkur road, yeshwanthpur, bengaluru. ..... of arguments that the custodian herein could also be treated employer and made liable to make payment, in the absence of a dispute that the liability in respect of the gratuity accrued prior to the appointed date, section 3(7) of the act will still apply. ..... controlling authority, u/payment of gratuity act and asst. ..... the expression employer has been defined under sub- section (f) of section 2 of the payment of gratuity act, 1972. .....

K Mallikarjuna Vs. H A Sudha Mallikarjuna

Court : Karnataka

..... passed by the trial court and contended that the appellant has not made out any ground to grant divorce as contemplated under the provisions of section 13(1)(i-b) of the hindu marriage act and he has not filed any petition under section 9 of the hindu marriage act for restitution of conjugal rights as well as not made any efforts to get back his wife- respondent to the matrimonial home though he is paying a maintenance of rs.3,000/- and subsequently ..... case and taking into consideration the fact that the appellant/husband is working as a lecturer and the status of the parties, we are of the considered opinion that, in the peculiar facts and circumstances of 20 the case, it is appropriate to resolve the problem, in the interest of the parties.24. ..... the family court, considering the averments made in the petition filed by the husband under section 13(1)(ib) of the hindu marriage act, 1955, has recorded a finding that, "the record discloses that according to the petitioner/husband, the respondent/wife has deserted him in the month of august 1999 ..... judgment and decree dated 21st january, 2012 made in m.c.no.10/2003 by the learned senior civil judge and principal jmfc, tarikere dismissing the petition filed under the provisions of section 13(1)(ib) of the hindu marriage act, 3 1955 seeking divorce on the ground of willful desertion by the respondent-wife. i. ..... jagdish mangtani reported in 2005(4) kccr sn267 held that, the parties knew, even prior to marriage, their respective income .....

The President, Family Planning Association of India and Another Vs. In ...

Court : Karnataka

..... this court by order dated 14.1.2008 directed the petitioners to approach the controlling authority under the payment of gratuity act, 1972 (for short 'the act') for appropriate reliefs. 3. ..... (prayer: this writ appeal is filed under section 4 of the high courts act, praying to set aside the impugned order in w.p.no.104050/2014 dated 24.7.2014 passed by the learned single judge of this hon'ble court, etc.) 1. ..... they retired on 28.2.2005 and 31.7.2004 respectively on attaining the age of superannuation. ..... of arguments that the custodian herein could also be treated 'employer' and made liable to make payment, in the absence of a dispute that the liability in respect of the gratuity accrued prior to the appointed date, section 3(7) of the act will still apply. ..... the expression 'employer' has been defined under sub- section (f) of section 2 of the payment of gratuity act, 1972. .....

Paramashivam Son of Kalappa Gounder. Vs. Puttalingaiah Son of Nlngegow ...

Court : Karnataka

..... learned counsel appearing lor the appellants submit, that learned district judge has committed an error in as much as when the appeals filed by the respondents 1 and 2 as well as the appellants - claimants under section 62(2) of arbitration act, itself were not maintainable, he ought not to have entertained the appeals and set aside the award passed by the 3rd respondent and remitted the matter back for fresh consideration. ..... however, it is needless to clarify that the 3rd respondent shall decide the matter on merits in compliance of section 3g (7)(a) to (d) of national highways act, 1956 without being influenced by the observations made by the learned district judge in the impugned order and also the observations made by us, during the course of this judgment, and decide the same independently, on ..... satisfied with the order impugned passed by the learned principal district judge, the appellants-claimants herein filed the appeal seeking appropriate relief as stated supra. 5. ..... laq/cr/23/200506 dated 8.5.2007 in respect of suit schedule land and remanded the matter for re-determination as to the quantification of amount of compensation, after hearing both parties, considering the requirement of section 3g(7) (a) to (d) of national highways act, ..... by the said award passed by the arbitrator, the appellants - claimants and respondents 1 and 2 have filed an application under section 34(2) of the arbitration act in arbitration case (a) 55/2007 and arbitration case (a) 61/2007 respectively. .....

Sugalabai Vs. Gundappa A. Maradi and ors.

Court : Karnataka

Reported in : ILR2007KAR4790; 2008(2)KarLJ406

..... that of a son at partition in respect of co-parcenary property, and further, this court having taken the view that section 6-a(d) of the state act being repugnant to the central act of 2005 the disability that a daughter married prior to coming into force the karnataka amendment act, 1990, being ineligible, ceases to have any effect and consequently the view taken by the lower appellate court in reducing the ..... daughter to a share in the property as a coparcener is concerned, two important points arise for consideration at this juncture, and they are:(1) whether the hindu succession (amendment) act, 2005 enacted by the parliament providing for the daughter of a coparcener to be a coparcener by birth in her own right is applicable to the cases before us?(2) whether there is repugnancy between ..... in the state list entrenches upon any of the entries in the central list the constitutionality of the law may be upheld by invoking the doctrine of pith and substance if on an analysis of the provisions of the act it appears that by and large the law falls within the four corners of the state list and entrenchment, if any, is purely incidental or inconsequential.4. where, however, a law made by the ..... the courts to interpret a statute as they find it without reference to whether its provisions are wise or unwise, necessary or unnecessary, appropriate or inappropriate, or well or ill ..... law. an appropriate rule of interpretation should be chosen as a tool depending upon the .....