Court : Karnataka Kalaburagi
..... for the purposes of this section, where a contract has been fully performed by the person by whom it has been entered into with the appropriate government, the contract shall be deemed not to subsist by reason only of the fact that the government has not performed its part of the contract either wholly ..... whether holding of a contractor s licence under the gescom/kptcl would disqualify such holder from standing for election in terms of section 12(g) of the karnataka gram swaraj and panchayath raj act, 1993 and whether holding of a contractor licence amounts to an office of profit ?.2) whether, in the present case, the orders passed by the trial court require any interference at the hands of this ..... disqualified if, and for so long as, there subsists a contract entered into by him in the course of his trade or business with the appropriate government for the supply of goods to, or for the execution of any works, undertaken by that government. ..... the mere surrender of a contractor licence to an executive engineer who infact is not the appropriate authority to receive a surrender of a licence would not enure to the benefit of the petitioner inasmuch as there is no acceptance - ..... act, a person would be disqualified for being a member of parliament or state legislature if there is subsisting contract with the appropriate ..... appears to have given up the said ground in these proceedings, it was certainly one of the points urged when the order was passed by the commissioner, fsd on 7th april 2006. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... when the applicant has filed an application under order 22 rule 3 of code of civil procedure along with the application under section 5 of the limitation act to condone the delay in filing the application on the basis of the 5 registered will and the same was disputed by the defendants/respondents, it is the duty of the trial court to hold an enquiry as contemplated ..... it is mandatory on the part of the trial court to hold an enquiry on the application filed under order 22 rule 3 of code of civil procedure and the application filed under section 5 of the limitation act, by any persons who is disputed by the other side, in the pending suit between the parties. 8 11. ..... suit, the sole plaintiff died and the applicant has filed an application under order 22 rule 3 of code of civil procedure along with the application under section 5 of the limitation act to come on record as the legal representative of the deceased plaintiff on the basis of the registered will. ..... we, accordingly, allow this appeal and set aside the judgment dated 19-9-2006, restore the appeal to the file of the high court, with the following directions: i the husband of the high court shall first decide the dispute between the deceased on ..... aland, dismissing the applications under section 5 of the limitation act and under order 22 rule 3 of code of civil procedure ..... under order 22 rule 3 of code of civil procedure and also filed an application under section 5 of the limitation act to condone the delay in filing the lrs. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the matter is remitted to the 17 trial court to pass appropriate orders on the application already filed for condonation for delay, at the earliest and to dispose of the matter on merits, preferably within three months from the date of appearance of ..... what is held in the said decision is that in order to get the delay condoned under section 5 of the limitation act, the onus is on the appellant or the applicant to satisfy the court that there was sufficient cause for condonation of delay; whereas section 473 ..... at raichur and to pass any other appropriate orders, in the interest of justice. ..... in the present case, the complainant had filed an application under section 5 of the limitation act supported by an affidavit sworn by him, explaining the reasons for the delay of five days in filing ..... in spite of the receipt of the legal notice got issued on 22.10.2006, the 4 petitioner/accused did not repay the money and hence complaint was filed by ..... later on, the petitioner got issued the legal notice on 28.10.2006, calling upon him to repay the said amount, lest he would be forced to initiate ..... was the accused in criminal case no.600/2007 in the case initiated by the 3 respondent herein for the offence punishable under section 138 of negotiable instruments act, 1881, (for short the act ), on filing the complaint before the learned jmfc court.4. ..... cheque was presented for payment and it was returned with an endorsement insufficient amount in the account of the holder vide memo dated 22.10.2006. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... expert advisory committee, shall be deemed to have been validly granted in accordance with the provisions of this act, as if this section had been in force at all material times: provided further that nothing contained in the first proviso shall apply to any permission granted, subsequent to the completion of construction ..... president, as a prohibited area in respect of 14 such protected monument, shall be deemed to be the prohibited area declared in respect of that protected monument in accordance with the provisions of this act and any permission or licence granted by the central government or the director-general, as the case may be, for the construction within the prohibited area on the basis of the recommendation of the ..... the central or state government or equivalent rank, specified, by notification in the official gazette, as the competent authority by the central government to perform functions under this act: provided that the central government may, by notification in the official gazette, specify different competent authorities for the purpose of sections 20c, 20d and 20e. ..... rules, 1959, or, without having obtained the recommendations of the committee constituted in pursuance of the order of the government of india number 24/22/2006-m, 15 dated the 20th july, 2006 (subsequently referred to as the expert advisory committee in orders dated the 27th august, 2008 and the 5th may, 2009). .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... contrary to the scheme of part xv of the constitution and the representation of the people act, which as i shall point out later, seems to be that any matter which has the effect of vitiating an election should be brought up only at the appropriate stage in an appropriate manner before a special tribunal and should not be brought up at an intermediate stage before ..... subject to the provisions of sub-section (2), if the election tribunal is of opinion,- (a) that on the date of his election a returned candidate was not qualified, or was disqualified, to be chosen as a councillor under this act, or (b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agent, or (c) that any nomination paper has been improperly rejected ..... candidate, has been materially affected,- (i) by the improper acceptance of any nomination; or (ii) by any corrupt practice committed in the interests of the returned candidate by an agent or by any other person acting with the consent of such candidate or agent; or (iii) by the improper acceptance or refusal of any vote or reception of any vote which is void; or (iv) by the non-compliance with the provisions of this ..... that being so, i think it will be a fair inference from the provisions of the representation of the people act to state that the act provides for only one remedy, that remedy being by an election petition to be presented after the election is ..... 2006 .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... affidavit and all the paras of the election petition having been verified in the affidavit would be sufficient compliance with form-25, rule 94-a of the rules, 1961 and the proviso to section 83(1) of rp act and as such, no fault can be found therewith and these aspects have been rightly considered by the trial court and the order passed by the trial court is not required to be interfered with.-. ..... trial court and was rejected on account of the other contestant not being made a party, as such the said relief being denied being in compliance with section 15(2)(a) of the panchayat raj act, there being no injury caused to the petitioner and no violation of the said proviso inasmuch as no order declaring respondent no.1 as the returned candidate was made, there is - 24 - nc:2023. ..... basis of such pleading and proof that the court may be in a position to form opinion and record a finding that breach or non-compliance with the provisions of the constitution or the 1951 act or any rules or orders made thereunder has materially affected the result of the election before the election of the returned candidate could be declared void.11. ..... there is an affidavit, albeit not in form 25, the appropriate course would be to permit an affidavit to be filed ..... insofar as the income tax returns are concerned, the return filed for the year 2006-07 which was the previous assessment year was mentioned, as also the pan number was given, however, he fairly conceded that the tax paid for the assessment year .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... gulbarga and further hold that the insurance company/respondent nio.4 herein is liable to pay the compensation and not the appellant herein and pass any other appropriate order. ..... schedule-ii(i) as per indian motor tarrif rules and provisions of section-147 of mv act, the risk of the person, who has travelled along with tractor and trailer for agricultural work and operations is covered and in this regard the claim cannot be rejected as just because he ..... of the deceased have filed a claim petition before the tribunal under section-166 of 4 the motor vehicles act, claiming compensation on account of death of their son in the motor vehicle accident.3. ..... for r5) this mfa is filed under section 173(1) of the motor vehicles act, praying to allow the appeal and set aside the judgment and award dated 09.12.2011 passed in mvc no.321 ..... as per section-63 read with section-65 of the indian evidence act, 1872, even though the documents are produced which is prepared through mechanical process and unless it is objected by the otherside, it can ..... as per sub-section-(4) of section-151 of mv act, even a duty is cast on the insurance company to give information including receipt of premium and other relevant documents in the possession or power of the person on whom the duty is so imposed to be inspected ..... , on 08.11.2006, the tribunal has passed an award by awarding compensation of rs.4,37,500/- and the said judgment was challenged by the insurance company before this court in mfa no.1770/2007 and this .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... for the appellants- defendant would contend that in the absence of any material evidence of giving and taking ceremony as mandate under section 11 of the hindu adoption and maintenance act, 1956 (hereinafter referred to as the ha & m act, 1956 for the sake of convenience), the plaintiff has failed to prove the essential ingredients to validate the adoption. ..... per contra, learned senior counsel appearing for the respondent-plaintiff would contend that the physical act of giving and receiving as is mandate under section 11 of the ha & m act, 1956, is clearly evidenced from the pleadings at para no.10 and the evidence of the witnesses at ..... the requirements of a valid adoption under the law applicable before the commencement of this ha & m act, 1956 as to the capacity of the parties was that: i) the persons taking and giving a son in adoption must have the legal capacity and right to do so, ii) the person adopted should be lawfully capable of ..... state that this section, however, does not prescribe any particular mode or manner for the act of giving and taking, what is essential is that there should be some overt act to signify delivery of the child from one family to another.24. ..... 200036 of 2014 absolutely necessary for the validity of an adoption under the law as it existed before coming into force of the present the ha & m act, 1956, and the position under the act is identical and the apex court in the case of jaisingh vs. ..... 2006 a i h c17342 rsa.no.1483/2005 decided on 02.09.2022 - .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... at the cost of repetition, it is further necessary to reiterate that as per sub-rule(5) of rule 5 of the rules, 1977, the law officer could be removed from office at any time if he is guilty of any act or conduct which, in the opinion of the government is contrary to these rules or is incompatible with his duties as such law officer. ..... khc-k:9395 wp no.202928 of 2023 c/w wp no.203032 of 2023 (5) a law officer shall be liable to be removed from office at any time if he is guilty of any act or conduct which, in the opinion of the government is contrary to these rules or is incompatible with his duties as such law officer. ..... the coordinate bench of this court further held in para- 13 of the aforesaid decision in wp.no.11230/2006 that - "in this light of the matter, it cannot be said that the petitioner is similarly placed as a law officer in deciding the matter in the case of kumari shrilekha vidyarthi and accordingly, the petition filed by the law officer, ..... the state of karnataka and another in wp.no.11230/2006 - 18 - nc:2023. ..... khc-k:9395 wp no.202928 of 2023 c/w wp no.203032 of 2023 (s-res) [decided on 31.10.2006]. ..... terminated law officer in wa.no.2061/2006 i.e. ..... khc-k:9395 wp no.202928 of 2023 c/w wp no.203032 of 2023 direction was given to the state to initiate suitable action to terminate the service of the petitioner in accordance with law in wp.no.15359/2006. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... at the cost of repetition, it is further necessary to reiterate that as per sub-rule(5) of rule 5 of the rules, 1977, the law officer could be removed from office at any time if he is guilty of any act or conduct which, in the opinion of the government is contrary to these rules or is incompatible with his duties as such law officer. ..... khc-k:9395 wp no.202928 of 2023 c/w wp no.203032 of 2023 (5) a law officer shall be liable to be removed from office at any time if he is guilty of any act or conduct which, in the opinion of the government is contrary to these rules or is incompatible with his duties as such law officer. ..... the coordinate bench of this court further held in para- 13 of the aforesaid decision in wp.no.11230/2006 that - "in this light of the matter, it cannot be said that the petitioner is similarly placed as a law officer in deciding the matter in the case of kumari shrilekha vidyarthi and accordingly, the petition filed by the law officer, ..... the state of karnataka and another in wp.no.11230/2006 - 18 - nc:2023. ..... khc-k:9395 wp no.202928 of 2023 c/w wp no.203032 of 2023 (s-res) [decided on 31.10.2006]. ..... terminated law officer in wa.no.2061/2006 i.e. ..... khc-k:9395 wp no.202928 of 2023 c/w wp no.203032 of 2023 direction was given to the state to initiate suitable action to terminate the service of the petitioner in accordance with law in wp.no.15359/2006. .....
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