Court : Karnataka Kalaburagi
..... the parties at paras 20 to 24 supra, the first substantial question of law with regard to the suit being not maintainable in view of the proviso to section 34 of the specific relief act, 1963, will not arise in the present case since the plaintiff has pleaded that she is in possession of the suit property and the trial court and the first appellate court have concurrently ..... plaintiff supporting the judgment and decree passed by the trial court as well as the first appellate court contended; i) that having regard to sections 68 and 111 of the evidence act and section 16(1) and (3) of the indian contract act, 1872 the onus is on the defendant to show that he has not unduly influenced the plaintiff and he ought to have discharged the proof of due execution of the gift ..... the revenue records consequent to the same; iv) oral evidence of possession contrary to the averments made in the gift deed - ex.d1 is impressible in view of section 92 of the evidence act, 1872 (hereinafter referred to as the 'evidence act'); v) that the plaintiff ought to have sought for possession of the suit property which she has failed to do; 11 vi) that the trial court and the first appellate court have ignored ..... the gift deed registered in his favour and that the plaintiff out of her own willingness and understanding has executed the gift deed dated 21.3.2006 in his favour and he is in possession of the suit property. ..... bearing document no.3023/2006-07 dated 21.8.2006 is granted as ..... 8.2006 ..... 8.2006 executed by the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the time of accident on 07.05.2008 and therefore upon analyzing the entire facts and circumstances involved in to the case coupled with the legal provisions enshrined under section 64vb of the act and principle of law laid down by the hon ble apex court (supra) after payment of premium is made then thereafter the accident was caused in the present case, therefore ..... on for pronouncement of judgment this day, the court delivered the following; judgment the above appeal is filed by the claimant under section 173(1) of the motor vehicles act (for short the m.v.act ) challenging the judgment and award dated 27.06.2012 passed in mvc no.414/2009 by the principal motor accident claims tribunal cum principal district judge, bidar (hereinafter referred to ..... under these circumstances when the entire facts and circumstances are considered coupled with the legal provisions as discussed above as stated in section 64vb of the act and also principle of law laid 32 down by this court and the hon ble apex court the respondent no.2 insurance company is liable to pay the ..... any specific time mentioned in the policy, the contract would be operative from the mid- night of the day by operations of the provisions of the general clauses act but in view of the special contract mentioned in the insurance policy, the effectiveness of the policy would start from the time and date indicated in the policy ..... singh and another [2006 (3) kccr1842, after making interpretation of section 64-vb of the act, were pleased .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... even if we do not take into consideration the future prospect of promotion to which the deceased was otherwise entitled and the actual pay revisions taken effect from 1-1-1996 and 1-1-2006, it cannot be denied that the pay of the deceased would have doubled if he would have continued in services of the state till the date of retirement. ..... as the deceased was 28 years old at the time of death the multiplier of 17 is applied, which is appropriate to the age of the deceased. ..... it is the further case of the claimants that the jurisdictional police have registered a case in crime no.93/2013 for the offences punishable under sections 279 and 304-a of indian penal code r/w section 187 of motor vehicles act. 5. .....
Tag this Judgment!Court : Karnataka Kalaburagi
(prayer: this writ petition is filed under articles 226 and 227 of the constitution of india praying to issue a writ in the nature of certiorari or any other appropriate writ or order or direction, directing the respondents, quashing tender for supply of food materials for pre-metric and post metric hostels/ashrama schools, coming under social welfare/ backward classes/ tribal welfare departments ..... zilla panchayat, tumkur [2006 (6) kar. l.j. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... and (c) on page 360 of vol.1, mulla s hindu law, twentieth edition, reads thus:- (a) prior to the coming into force of the hindu succession act, 1956, if a who had a son b, inherited property from his father, it became ancestral property in his hands, and b became a coparcener with ..... that the father of the plaintiffs and the said defendants died in the year 2007, after the coming into force of the amendment to section 6 of the hindu succession act, 1956, and hence the said female members would share equally with the sons. 7. ..... of reply, shri ashok patil, would contend that the application of section 8 of the hs act as regards the rule of succession in respect of a male hindu dying intestate- is relevant only ..... not completed the sale transaction, a suit for specific performance of contract was said to have been instituted by defendant no.11 in os 178/2006 on the file of the court of civil judge, senior division, bijapur. ..... tribunal, under the provisions of the karnataka land reforms act, 1961 are irrelevant and are not sustainable. ..... (2) a coparcenrary is purely a creature of law; it cannot be created by act of parties, save in so far that by adoption a stranger may be introduced as ..... (section 6 of the hindu succession (amendment) act, 2005, has brought a radical change by the inclusion of ..... trial court was that - a declaration was submitted by the kartha of the family, mahalingappa - before the land tribunal, under the provisions of the karnataka land reforms act, 1961, as per exhibit-d57. .....
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