Court : Karnataka
Reported in : 2005CriLJ4176; ILR2005KAR3699; 2006(3)KarLJ584
..... 674/97 is regarding the act of the petitioner sessions judge in not clubbing crl. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR3101; 1994(4)KarLJ591
..... proper on my part to make a reference to the provisions of section 200 of the local boards act, 1959 and before i proceed to examine the merits of the writ petition, i think it would be appropriate on my part to first dispose of the preliminary objection with respect to the maintainability of the writ ..... the order to be illegal, null, void and inoperative and liable to be quashed, i may make it clear that it will be open to the authorities to act in accordance with law and pending the final decision in the matter by the highest authorities, the petitioners' possession, if any, over the property in dispute, shall ..... sri chandrashekaraiah holding brief for the counsel for the petitioner submitted that assistant commissioner had acted in excess of jurisdiction in setting aside the allotment order passed by the village panchayat chairman and that under section 200 of the local boards act, 1959 the assistant commissioner firstly could not go into the question of title relating to the property in dispute and question of title has got to ..... would be most appropriate on my part to make reference to the provisions of section 200 of the local boards act, 1959. ..... 15/1993-94, before the assistant commissioner under section 200 of the village panchayat and local boards act, 1959 (for short, 'local boards act, 1959') and the assistant commissioner has set aside the order of allotment - vide annexure-d to this writ petition - and an english translation whereof has been annexed to the counter .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2001KAR3550; 2001(4)KarLJ505
..... or order of a court, the tenancy of any land shall not be terminated--(a) unless the tenant--(i) has failed to pay the rent for any revenue year before the 31st day of may thereof;(ii) has done any act which is destructive or permanently injuries to the land;(iii) has sub-divided, sublet or assigned the land in contravention of section 27;(iv) has failed to cultivate it personally; or(v) has used land for a purpose other than agriculture or ..... in the said decision, at paragraph 5 of the judgment, the court observed thus:'before we deal with the question as to which article of the limitation act applies to a case like the present, it is useful to examine the position and the rights of persons like the plaintiffs who purchase a share of some of the coparceners of a ..... in this connection, he referred to me sections 14, 23 and 26 of the bombay tenancy and agricultural lands act (hereinafter referred to as 'the btal act'') and pointed out that since there was a protection given under section 26 of the btal act from eviction of a tenant by a landlord, the purchase of one-fifth interest of the landlord in the land in question by a tenant cannot deprive his right to seek occupancy right in respect of the land ..... further, as rightly pointed out by sri kothawale, section 111(d) of the transfer of property act provides that lease of immovable property determines in case the interests of the lessee and the lessor in the whole of the property become vested at the same time in one person in the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR1270
..... it reads as follows :-'penalties-(1) whoever :--(a) as a registered owner or otherwise has possession or control of any motor vehicle liable to tax under this act without having paid the amount of tax or additional tax due in accordance with the provisions of this act in respect of such vehicle, or(b) delivers a declaration or additional declaration wherein the particulars required by or under this act to be therein set-forth are not fully and truly stated, shall on conviction, be punishable with fine which shall not ..... the learned single judge - interpreted the provisions of section 12 of the karnataka motor vehicles taxation act, in his order - and held that since the respondent had paid an amount equivalent to the tax for a quarter, pursuant to the order passed by the magistrate, he was entitled to deduction to that extent. ..... the main contention of the state is that, having regard to the provisions of section 12 of the act, the amount of penalty paid by the respondent as imposed on him by the court cannot be treated as adjusted towards the amount of tax paid for a quarter and therefore, the respondent was not entitled to the deduction. .....
Tag this Judgment!Court : Karnataka
Reported in : 2002(4)KarLJ304
..... however, it is made clear that if there is any difficulty in reaching the petition schedule premises the respondent is at liberty to file appropriate applications in the court if so advised and if there is a need in accordance with law. ..... tenant filed a petition under section 43(1) of the karnataka rent control act seeking for orders before the first additional munsiff, dharwad in hrc no. ..... after all, the object of section 43 of the act is to see that the tenant does not suffer any handicap on account of denial of services to which he is entitled to under the act. ..... if the very service affects his very possession and occupation such service cannot be ordered to be restored and any such order in my opinion would be contrary to the very object of section 43 of the act. ..... admittedly, this petition is filed under section 43 of the krc act. ..... 11 of 1985 was filed under section 21(l)(k) of the act. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR559
..... as such the application for condonation of delay made under section 5 of the limitation act is hereby rejected.5. ..... i.a.no.ii is an application for condonation of delay in filing the second appeal, under the land acquisition act. .....
Tag this Judgment!Court : Karnataka
Reported in : (1998)ILLJ1133Kant
..... narasim-han, the learned counsel appearing for the appellant that for the earlier years the establishment was declaring holidays on the basis of the notifications by the state government under the negotiable instruments act and therefore it was a privilege enjoyed by the employees earlier to the filing of the statement by the employer under section 3 and therefore those privileges are not affected and the employer is ..... the writ petition and contended that the first respondent had no authority to pass such an order and his duty is to see that the list submitted by the management conforms to sections 3 and 11 of the act and nothing more and when it is found that the statement submitted is in conformity with the said provisions, it has to be approved and if the workmen claim that the holidays have to be increased, they ..... that the management had not consulted the trade union before forwarding the list and that when the management was earlier declaring holidays as declared by the state government under the negotiable instruments act, they were required to continue the same and hence it was not possible to approve the list of holidays sent by the management and accordingly made changes and sent an amended list of holidays ..... respondent who is the inspector appointed under the act after receiving the statement, issued notice to ..... the number of mandatory holidays as provided under section 3 and the duty of the inspector under the act is to see that the mandatory provisions are complied with. .....
Tag this Judgment!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. .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
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