Court : Karnataka Kalaburagi
Decided on : Aug-04-2022
..... in the circumstances, to the extent and in the manner, allowed and prescribed by any law for the time being in force. it is also relevant to refer to section 11 of the indian contract act which is as under:15. s.11who are competent to contract. every person is competent to contract who is of the ..... the defendant in the instant case. in this regard, it is necessary to refer to the definition of mortgage and types of mortgages contemplated under the transfer of property act which are extracted hereunder for immediate reference. 58 mortgage , mortgagor , mortgagee , mortgage-money and mortgage-deed defined. (a) a mortgage is the transfer of an ..... 33 the name of defendant therein on repayment of loan amount. that apart there was also a proceeding before the sub-divisional magistrate under the karnataka debt relief act, 1976 wherein on enquiry of the mortgage transaction, the defendant therein was absolved from payment of principle amount. in the instant case, fact situation being completely .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Mar-04-2022
..... mortem examination on the dead body of the deceased smt. umadevi has clearly stated that the deceased had sustained 90-95% burn injuries. therefore, there is much force in the arguments advanced by the counsel for the respondents-accused to the effect that as the 31 deceased has sustained about 98% of burn injuries over her ..... than the multiplicity or plurality of witnesses. it is quality and not quantity, which determines the adequacy of evidence as has been provided by section 134 of the evidence act, 1872. this has been extensively addressed by the hon'ble supreme court of india in the case of laxmibai (dead) through lrs & another vs bhagwantbuva (dead) ..... the court either believes that it does not exist, or considers its existence so probable that prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist. in the instant case, several witnesses have been subjected to examination and those witnesses did not withstand the version .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Feb-04-2022
..... the powers conferred by article 226 and 227 and 32 of the constitution". 3818. therefore, though under the constitution and the respective acts the jurisdiction of the courts and the tribunals inferior to high court can be ousted but not that of high court itself. therefore, objection raised by the learned advocate general ..... and deputy mayor of kalaburagi municipal corporation is interrupted on account of election to the legislative council in the state of karnataka and therefore, i find force in the submission made by sri s m chandrashekar, learned senior counsel that, the respondent- state ought not to have ventured to issue subsequent notifications, ..... deputy mayor of corporation is accepted, then the constitutional right of the reserved candidates is infringed. in that view of the matter, i do not find force in the arguments advanced by the learned advocate general and sri ashok haranahalli, learned senior counsel appearing for the contesting respondents that, writ petitions are not .....
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