Court : Karnataka Kalaburagi
..... for company or beco me a new member of an organization: the oxford dictionary defines the expression recruitment' as the act or process of finding new people to join a company, an organization, the armed forces, etc, 16. the plain dictionary meaning of the expression recruitment itself uses the phrase the process of finding new ..... to be under category 2-b/ka-hk, for selection to the post of a government school teacher, is outside the jurisdiction of the tribunal constituted under the administrative tribunals act, 1985?.. 02. the question referred to above has arisen as the decision of the deputy director of public instructions, raichur is under ..... not maintainable before this court. accordingly, the writ petition is dismissed as not maintainable.29. the petitioner is at liberty to approach the tribunal constituted under the administrative tribunals act 1985.30. the registry is directed to return the annexures to the writ petition, after retaining the xerox copy if requested by the petitioner .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... or otherwise and that can be cured so as to avoid a challenge based on the aforesaid curable defects under section 34 of the arbitration act. however, in this case such remand to the tribunal would not be beneficial as this case has taken more than 25 years for its adjudication. it is in this state of affairs that ..... unintelligible awards.37. at this juncture it must be noted that the legislative intention of providing section 34 (4) in the arbitration act was to make the award enforceable, after giving an opportunity to the tribunal to undo the curable defects. this provision cannot be brushed aside and the high court could not have proceeded further to determine the ..... division bench of the 31 calcutta high court has committed an error while remanding the matter for consideration before the arbitral tribunal as there was no written request made as per section 34(1) of the act and accordingly the order passed by the division bench of the calcutta high court is set aside but liberty is given .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... to be noted here is that, throughout, the possession of the plaintiff s had been recognized and injunction had been continued. after referring the matter to the land tribunal, the land tribunal has returned the matter to the trial court, because of merger of rights of the tenant as owner by virtue of the sale deed dated 04.05.1972 executed ..... into in the year 1967. therefore, if the plaintiff succeeds on the basis of his sale deed, the earlier sale deed of defendant no.2 automatically has no binding force on him and he need not claim any relief of cancellation of the said sale deed even in the earlier suit or in the subsequent suit. therefore, the relief to ..... of sri shivappa in the year 1972. it goes without saying that when the tribunal has categorically stated that only in view of the purchase, the plaintiff has acquired the right and there is a merger of the said right. even under section 39 of karnataka land reforms act, which says that an alienation can be made by the owner only in .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... grant is for the benefit of the matha.29. the 1st substantial question of law framed by this court is answered holding that the order of the land tribunal granting occupancy right in favour of gurubasayya is as a mathadipathi and not in his individual capacity. the plaintiff is not entitled for declaration as prayed and accordingly, ..... suits. as observed in rakhma bai v. mahadeo narayan, ilr42bom155 the expression "subject matter" in order 23, rule 1, code of civil procedure means the series of acts or transactions alleged to exist giving rise to the relief claimed. in other words "subject matter" means the bundle of facts which have to be proved in order ..... granted to gurubasayya as a mathadipathi after he has taken sanyasa, the lands granted to gurubasayya is not in his individual capacity, but under the inam abolition act to the agricultural lands owned by the mathadipathi and the plaintiff cannot be succeed by an ascetic one who enters into religious order severs his connection with the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the court, which was adjudicated in insolvency case in i.c. case no.1/1961 and therefore, the karnataka land reforms act, which came into force in the year 1974 and land tribunal formed under said act did not have any jurisdiction to entertain form no.7 filed by the alleged tenants for grant of occupancy rights. despite the ..... same, the land tribunal exercised its rights and granted occupancy rights in favour of respondent no.2. at the first instance, the land tribunal rejected ..... 2024. khc-k:2839 wp no.206098 of 2015 6. she further invited the attention of this court to section 4 of the land tribunal act and contended that as per said section, the land tribunal has got jurisdiction to decide as to who are the deemed tenants and therefore, respondent no.1 was cultivating has been considered by the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... of government was not necessary for alienation after lapse of period of non-alienation. unlike in present case where alienation during 1994 i.e. after coming into force of ptcl act, prior permission of government was mandatory and which was admittedly not obtained.15. learned senior counsel further submitted that though it was settled law that where no ..... rival contention of the parties and also perused the records.19. in the case on hand, admittedly, the excess land which vested in the government, the land tribunal found that nagappa s/o mallawwa madar who was the deserving person to be granted 5 acres of land situated in indi village and passed an order of grant ..... taken place in favour of the petitioner in the year 2004 which is much after the lapse of six years as per the conditions imposed by the land tribunal under annexure a, there could not have been exercise of jurisdiction either by the assistant commissioner or by the deputy commissioner in canceling the sale deed and repatriating .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... be passed accordingly against the petitioners.19. it is the argument of the learned counsel for the petitioners that once the land has been granted by the land tribunal under the land reforms act in favour of a - 16 - nc:2023. khc-k:9362 wp no.207380 of 2017 private person as a tenant, the same cannot be granted in ..... very same land would not have much relevance or bearing on the land already vested with the state as per section 44 of the karnataka land reforms act. while granting occupancy rights the tribunal has considered several aspects including the factual aspects of possession and came to the conclusion for granting the land in favour of the original grantee and ..... 20.06.1974, the property vest with the waqf institution i.e., respondent no.5 and therefore the question of land tribunal awarding occupancy rights in favour of grantee as on 22.12.1981 is against the provisions of waqf act of 1995. hence the orders passed by the tahsildar and assistant - 17 - nc:2023. khc-k:9362 wp no .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... parties herein are referred to as per their ranking before the trial court.5. the undisputed facts are that: (i) neelamma filed form no.7 before the land tribunal, aland, the occupancy rights was granted on 25.04.1981 in favour of neelamma and the name of neelamma was entered in the revenue records as per form no. ..... 8105 rsa no.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. shakuntala3 has categorically held that actual giving and taking is essential ..... adoption. the said section reads as under: 16. presumption as to registered documents relating to adoption.- whenever any document registered under any law for the time being in force is produced before any court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the court shall .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... in the context of petitions under article 227 of the constitution of india with respect to orders in an appeal against an order of the arbitral tribunal under section 17 of the arbitration & conciliation act, 1996, it was held that if petitions under article 226 / 227 of the constitution against orders passed in appeals under the arbitration ..... the cca reads as under: 8. bar against revision application or petition against an interlocutory order. notwithstanding anything contained in any other law for the time being in force, no civil revision application or petition shall be entertained against any interlocutory order of a commercial court, including an order on the issue of jurisdiction, and any such ..... right the wrong which has been committed. 12.7. the decision in surya dev rai s case (supra) is a decision rendered prior to the coming into force of cca and not with reference to the cca. what has been held by the hon ble apex court in the above case is that the supervisory jurisdiction .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... other sources, the petitioner did not in so many words state that the advice and information received was believed by him to be true. the election tribunal held that this defect was a matter which came within section 83(1)(c) and the defect could be cured in accordance with the principles of the ..... v. sivakumar [krishnamoorthy v. sivakumar, (2015) 3 scc467: (2015) 2 scc (cri) 359 : air2015sc1921 . it was a case arising under the tamil nadu panchayats act, 1994. a notification was issued by the state election commission stipulating that every candidate at an election to any panchayat is required to disclose information, inter alia, whether the ..... 17 and) 1 rule 10 have no application - application will be dismissed. in air1971sc373[ ?.?.?..]. , it has been held as follows: (a) representation of the people act, (1951), section 83-amendment of election petition - rectification of defective petition by way of amendment after expiry of period of limitation for filing it is not permissible. these .....
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