Judgment Search Results Home > Cases Phrase: appropriation act 2005 Court: karnataka Page 5 of about 25,602 results (0.040 seconds)

The Assistant Commissioner, Belgaum Sub-division, Belgaum Vs. Rao Sahe ...

Court : Karnataka

Reported in : 1999(3)KarLJ672

..... i have applied my mind to the contentions made by the learned counsel for the parties.so far as section 28 of the act and enhancement of compensation is concerned, it will be proper to quote in extenso the following passage from the judgment of their lordships of the supreme court in ..... for the respondents contended that in view of provisions of section 30(2) of the amending act, the present respondents had been entitled to the benefit of section 23(2) as well as ..... 'in other words, section 30(2) of the amendment act extends the benefits of enhanced solatium to cases where award by collector or by court is made between 30th april, 1982 and 24th september, 1984 or to appeals against such awards decided by thehigh ..... just as well to be clear that the award made by the collector referred to here is the award made by the collector under section 11 of the parent act, and the award made by the court is the award made by the principal civil court of original jurisdiction under section 23 of the parent act on a reference made to it by the collector under section 19 of the parent act. ..... the language of the act is per se very clear as to from what date the interest has to be calculated and is payable by the government and section says it shall be calculated from the date the possession ..... application under sections 151 and 152 of the cpc to amend the decree in view of the of amendment of the provisions of section 23(2) and section 28 of the land acquisition act by the [karnataka amendment act no. .....

Rayanagouda Vs. the Deputy Commissioner and ors.

Court : Karnataka

Reported in : 2003(4)KarLJ518

a.m. farooq, j.1. this is a writ appeal directed against the order passed by the learned single judge in rayanagouda v. the deputy commissioner, gadag district, gadag and ors., 2003(4) kar. l.j.450. the petitioners had filed the writ petition challenging the order dated 1-6-2001 passed by the deputy commissioner, gadag district, under which mutation entries were made in favour of respondents 2 to 5 on the basis of a compromise decree entered into between the parties in the year 1947. the learned single judge, on consideration of the entire materials on record came to the conclusion that admittedly, the parties are joint family members and that there is a compromise decree passed on 19-8-1947 and by virtue of the partition deed, the respondents 3 to 5 are entitled to be in possession of the properties now mutated which is under challenge.2. the contention of sri f.v. patil is that even though the parties are joint family members and that there is a compromise decree of the year 1947, still, the respondents who are parties to the suit having not taken possession of the properties are not entitled to take possession of the properties by merely getting their names mutated in the revenue records. we fully agree with the learned single judge to the fact that the parties who are joint family members, being in joint possession, can be put in possession at any stage and it will not be in the interest of justice to dispossess the petitioners who have been put into possession by virtue .....

Oriental Insurance Co. Ltd. Vs. Raju and ors.

Court : Karnataka

Reported in : 1994ACJ191; (1994)IILLJ1038Kant

..... submitted that this is a fit case where specific direction may be issued or observations made that the authorities exercising powers under the provisions of the said act shall apply their mind to these aspects and make appropriate orders specifically relating to exclusion or inclusion of the liability of the insurer as to payment of penalty and interest leviable in a case like this. ..... in most of the cases, the authorities who are called upon to deal with such cases under the provisions of the act, without applying their mind to the specific coverage taken under the act, invariably impose payment of interest/penalty fastening the liability with the insurer which will result in hardship and injustice to the ..... at the outset, we are of the view that having regard to the provisions of the first proviso to section 30 of the workmen's compensation act, 1923 (hereinafter referred to as 'the act'), the question now raised relating to the imposition of interest on the compensation determined is a substantial question of law involved in the appeal and, therefore, it is a fit case for being ..... on a careful consideration of the award as well as the coverage found in the policy issued under the act in favour of the insured, it is seen that the liability of indemnifying the insured as to imposition of interest or ..... therefore, the authorities exercising power under the act must necessarily apply their mind to see whether under the policy covering the risk there arises liability to indemnify the .....

G. Venkataramanappa Vs. C. Kotappa

Court : Karnataka

Reported in : ILR1988KAR2037; 1988(2)KarLJ136

..... computed in terms ofmoney and if any question a rises as to the amount of money due or asto the amount at which such benefit should be computed, then thequestion may, subject to any rules that may be made under this act, bedecided by such labour court as may be specified in this behalf by theappropriate government within a period not exceeding three months:provided that where the presiding officer of a labour courtconsiders it necessary or expedient so to do, he may, for reasons tobe ..... where any dispute a rises between an employer andhis employees with respect to the bonus payable under this act or withrespect to the application of this act to an establishment in publicsector, then, such dispute shall be deemed to an industrial disputewithin the meaning of the industrial disputes act, 1947, or of artycorresponding law relating to investigation and settlement ofindustrial disputes in force in a state and the provisions of that actor, as the case may be, such law, shall, save as otherwise expresslyprovided, apply accordingly.'7. ..... scopeof a dispute that is likely to come within section 7(4) is very wide.the controlling authority has to decide the dispute, against which anappeal lies under section 7(7) to the state government or to suchother authority as may be specified by the appropriate government. .....

D.K. Janaki Vs. Dr. Linga Raju

Court : Karnataka

Reported in : I(1990)DMC121; ILR1989KAR3048; 1989(3)KarLJ308

..... the respondent preferred a petition for divorce against the petitioner under section 13 of the hindu marriage act, 1955, in the court of the civil judge, hassan, in m.c.no. .....

Mafatlal Plywood Industries Ltd. Vs. Assistant Collector of Central Ex ...

Court : Karnataka

Reported in : 1991(32)ECC113; ILR1991KAR90; 1990(3)KarLJ332

..... petitioner, who could have availed of the alternative remedy by way of suit approaches the high court under article 226 of the constitution, it is appropriate ordinarily to construe that any unexplained delay in the filing of the writ petition after the expiry of the period of limitation prescribed for filing a suit ..... the orders for refund made by the' high court in these seven cases cannot be sustained,'it will thus appear from the observations of the supreme court that though the provisions of the limitation act do not as such apply in the matter of grant of relief under article 226, it may yet provide a reasonable standard by which, delay in seeking remedy under article 226 can be measured. ..... vehemently pleaded on behalf of respondents that the appellant was not entitled to any relief because challenge to the orders passed by the authorities under the act was unreasonably delayed and the claim for refund could not be allowed on account of laches on the part of the appellant. ..... there is no lower limit and there is no upper limit, a case may be brought within limitation act by reason of some article but this court need not necessarily give the total time to the litigant to move this ..... relying upon the order of the high court, the appellate authority under the act passed an order on august 27th, 1957, which was claimed by the writ petitioners to be ..... true fact was that the appellant having exhausted his remedies under the act, did not care to challenge the revisional order passed by the .....

Krishnaswamy Vs. Cauvery Grameena Bank, Mysore and Another

Court : Karnataka

Reported in : ILR1998KAR1047; 1998(4)KarLJ350

order1. the matter is posted in preliminary hearing 'b' group. by consent of the learned counsels for the parties, the matter is taken up for final hearing.2. while working as a clerk in the cauvery grameena bank, mysore, petitioner was served with a charge-memo dated 13-11-1992. in that, there were 10 charges against the petitioner. all these charges pertain to misappropriation of funds of the bank. this charge-memo had been replied by the petitioner denying the allegations made in the charge-memo. the disciplinary authority not being satisfied with the explanation offered by the petitioner, had appointed an enquiry officer to enquire into the allegations made in the charge memo. the enquiry officer after holding a detailed enquiry in accordance with the rules of natural justice, had submitted his report and the findings thereof to the disciplinary authority. the disciplinary authority concurring with the findings of the enquiry officer has proceeded to pass the impugned order dated 2-7-1993. by the said order, he has imposed a penalty of removal from service in terms of regulation 30(1)(e) of the cauvery grameena bank staff service regulations, 1980. aggrieved by that order, petitioner had filed an appeal before the appellate authority as provided under the service regulations. the appellate authority by its order dated 2-11-1993 had rejected the appeal and then has confirmed the orders made by the disciplinary authority. aggrieved by these orders, petitioner is before this .....

D.B. Avalakki and Another Vs. Union of India and Others

Court : Karnataka

Reported in : II(2000)ACC764; 2001ACJ1258; AIR2000Kant269; ILR2000KAR1613; 2000(4)KarLJ237

..... of which one is a train carrying passengers or the derailment of or other accident to a train or any part of a train carrying passengers, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured or has suffered a loss to maintain an action and recover damages in respect thereof, ..... which one is a train carrying passengers or the derailment of or other accident to a train or any part of a train carrying passengers, then, whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a person who has been injured or has suffered loss to maintain an action and recover damages in respect thereof, ..... jurisdiction, powers and authority as were exercisable immediately before that day by any civil court or a claims commissioner appointed under the provisions of the railways act- (a) relating to the responsibility of the railway administration as carriers under chapter vii of the railways act in respect of claims for- (i) compensation for loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to a railway administration ..... the tribunal to exercise powers of a civil court in relation to grant of compensation and since it pertains to substantive right of the claimant, the tribunal, in not passing appropriate orders ordering interest has erred in not exercising the said jurisdiction.29. .....

The Intelligence Officer and ors. Vs. Arshad Saleem Khan and ors.

Court : Karnataka

Reported in : 2004CriLJ4496; ILR2004KAR3855

..... of the commission of such offence or any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forefeiture under chapter va of this act is kept of concealed in any building, conveyance or place may authorise any officer subordinate to him but superior in rank to a peon, sepoy, or a constable, to arrest such a person or search a building conveyance or place whether by day or night or himself arrest ..... before any officer empowered under section 53 for the investigation of offences, during the course of any inquiry or proceedings by such officer shall be relevant for the purpose of proving, in any prosecution for an offence under this act, the truth of the facts which it contains,(a) when the person who made the statement is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or whose presence cannot be obtained ..... out side india (duly authenticated by such authority or person and in such manner as may be prescribed by the central government) in the course of investigation of any offence under this act alleged to have been committed by a person;and such document is tendered in any prosecution under this act in evidence against him, or against him and any other person who is tried jointly with him, the court shall-(a) presume, unless the contrary is proved, that the .....

Babul Khan Vs. State Of Karnataka

Court : Karnataka

..... the same, it is observed that the central government has delegated its power to state governments and other competent authorities u/s.3(2)(c) and 3(2)(e) of the foreigners act, 1946 for the purpose of taking appropriate action whenever a case has been registered against a foreign national vide its notification, new dellhi-2 dated 19th april, 1958 in s.o.nos.590 and 591 ..... therefore, the courts have to pass an order only after hearing the competent authorities (state)who are empowered to pass appropriate orders u/s.3 (2) of the foreigners act to ascertain whether the competent authority has got any grievance to keep the accused persons anywhere else other than the jails till the investigation ..... he has also produced another document no.2 about the care taken by the central government under the jj act, wherein section 3(v) of the said act empowers the 106 government to take appropriate measures to take care of the children and protection of the children by catering to their development needs and by adopting a child friendly approach in dealing with the matters in the ..... in this background it is appropriate to note that, in a case reported in (2005) 5 scc174between sarbananda sonowal and union of india, wherein the hon ble apex court in clear terms after detail thorough 17 discussion rejected the bringing of an act called illegal migrants (determination by tribunal) act, 1983, holding that, the act "has created the biggest hurdle and that is an impediment or barrier in the .....