Court : Karnataka
Reported in : ILR2008KAR120; 2008(4)KarLJ573; 2008(1)KCCR116; 2008(2)AIRKarR25; 2008AIHC1615(Kar)
..... on a proper understanding of the provisions of the karnataka rent control act, 1961, karnataka rent act, 1999, history of the legislation of karnataka small causes court act, 1964 and a proper understanding of the provisions and the concept of court of small causes' as defined in section 2(b) of the karnataka small causes courts act, the definition of civil court' as defined in section 2(b)of the karnataka civil courts act, 1964 and the definition of 'city civil court' as understood in section 2(3) of the bangalore city civil courts act, 1979 which definition should be read in conjunction with section 5 of the specific relief act, 1963 providing for recovery of specific immovable property in terms of the ..... provisions of the code of civil procedure as also the provisions of section 41 of the karnataka court fee and suits valuation .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR1476; 2002(1)KarLJ358
..... section 5 of the bangalore city civil courts act of 1979 which deals with the power of judges who preside over the city civil court makes it amply clear subject to the other provisions of the bccc act, each of the judges may exercise all or any of the powers conferred on the city civil court by this act or any other law for the time being in ..... definition in the bccc act of 1979 where sub-section (2) of section 3 categorically states that the city civil court shall consist of a principal city civil judge and section 5 specifically deals with the powers of the principal city civil judge and section 6 which deals with temporary vacancy of the office of the principal city civil judge and from this he contends the court where principal city civil judge sits is quite distinct from the court where additional judges of the city civil court sit and therefore the 'court' as defined under the act is that court where the principal city civil ..... other submission of the learned counsel for the petitioner was that the court presided over by the additional city civil judge is inferior to the court presided over by the principal city civil judge and in view of the definition of the word 'court' in the act of 1996 it categorically states it does not include any civil court of grade inferior to such principal civil court, the courts presided over by the additional city civil court cannot by any stretch of imagination be construed as principal city civil court of original jurisdiction of the district. .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(5)KarLJ540
..... the city civil court under sub-section (3) of section 2 of the bangalore city civil court act, 1979, means the court established under sub-section (1) of section 3. ..... the principal city civil judge, bangalore, has got full power to transfer the case under section 24 of the code of civil procedure read with section 5(2) of the bangalore city civil court act, 1979. ..... section 3 of the bangalore city civil court act, 1979 provides for the establishment of a city civil court for the city of bangalore. ..... karnataka state legislature enacted bangalore city civil court act, 1979. ..... hierarchy of the courts for administration of justice had been created by the constitution of the courts under the karnataka civil courts act, as well as by bangalore city civil court act with respect to the city of bangalore. ..... sub-section (1) of section 3 of the act, provides that there shall be a city civil court for the city of bangalore. ..... the learned principal city civil judge, bangalore after considering the matter held that the court of the principal city civil judge being the principal court of the original civil jurisdiction comes within the definition of the district court and by virtue of section 24(3) of the code of civil procedure, the said court has got power to order transfer of case from one court to the other.3. ..... the expression district court has also been denned in section 2(4) of the code, along with the definition of 'district'. .....
Tag this Judgment!Court : Karnataka
Reported in : 2001(3)KarLJ28
..... manjunath, learned counsel for petitioner inviting the court's attention to the said government notification dated 21-7-1986, which is produced along with the petition, as also to the map of the territorial jurisdiction of the bangalore city civil and sessions court published by the government for the purpose of fixing the territorial jurisdiction of the bangalore city civil court as defined by sub-section (aa) under section 2 of the bangalore city civil courts act, 1979, contended that the finding of the court below in its impugned order relating to its territorial jurisdiction is patently erroneous.6. ..... city of bangalore shall have the meaning assigned to it in the bangalore city civil courts act,1979.8. ..... city of bangalore is also defined by sub-section (aa) of section 2 of the karnataka civil courts act, 1964 (act of 1964). ..... law 247, lci 8037, dated 10-11-1980 indicates that the suit village 'horamavu agara' is located within the territorial limits of the jurisdiction of the bangalore city civil court. ..... on the other hand, the said government's notification dated 21-7-1986 and the said map showing the limit of territorial jurisdiction of the bangalore city civil and sessions court published by the government under g.o. no. ..... (ii) 'city of bangalore' means the area for the time being included for the metropolitan area comprising the bangalore city declared in the section 8 of the cr. p.c. ..... section 2 of the act of 1979 defines 'the city of bangalore' as follows:'definitions. .....
Tag this Judgment!Court : Chennai
Reported in : (1901)11MLJ91
..... defendant is a subject of his highness the maharajah of mysore and a permanent resident of the bangalore city in the mysore state and as such a foreigner, is beyond doubt. ..... ammayya.on january 30, 1897, the 1st defendant writing from bangalore replied to this letter as follows:registered for acknowledgment.145, sultanpeta, bangalore city,50th january 1897. ..... court has no jurisdiction to entertain this suit as against the 1st defendant, i think we have jurisdiction under section 220 of the code of civil procedure and article 21 of the letters patent to order that the costs of the plaintiff be in this court and in the court below should be paid out of the estate, and, in the special circumstances of this case, especially having regard to the fact that for a period of about 4 years, the 1st defendant admitted and acted ..... on december 24, 1892 executors took out probate of the will in the court of the district judge, civil and military station, bangalore, the approximate value of the assets in respect of which probate was granted being ..... described as residing in bangalore city. ..... action be the repudiation of the will, the first formal repudiation would seem to have taken place in bangalore in august 1898 though this was no doubt followed up by the affidavit of september 1898 affirmed at bangalore but filed in this court to which reference las already been made. ..... on june 19, 1893, the 1st defendant writing from bangalore forwarded to the agents of the company in madras the policy stamped and .....
Tag this Judgment!Court : Chennai
Reported in : (1906)16MLJ238
..... after the testator's death the executors obtained probate of the will from the british resident's court in the civil and military station of bangalore, which, however, was not the court of the place of the testator's domicile, he having been a permanent resident of bangalore city in mysore territory proper. ..... in delivering the judgment of the privy council, lord lindley observed : 'in both courts in india it was apparently assumed that the question of jurisdiction turned on section 17 of the code of civil procedure and that although the defendant was a foreigner, and although the cause of action arose in a foreign country and although the defendant did not personally reside within the local limits of the jurisdiction of any court in british india, and was not even temporarily in arcot when ..... assuming the defendant was at the time of the institution of the suit outside madras, yet that the application to his case of so much of section 12 as relates to cause of action or part of the cause of action will not be in conflict with international law, will be seen from what is said in the next paragraph as to the sufficiency of the accrual, of the cause of action within. ..... points out that the words 'residence' has no definite technical meaning but should be construed in every case in accordance, with the object and intent of the act in which it occurs. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1924Mad340; (1923)45MLJ754
..... that, certified copies of these documents, which have been exhibited-in the civil court, have been treated as evidence in this case. ..... 'the question before us is an extremely limited one, namely, whether or not a libellous communication made only to the person whose character is attacked amounts to the offence of defamation as defined in section 499 of the indian penal code,' and the question is answered by the majority of the full bench in the negative. ..... the alleged libels themselves were apparently filed in the district court in bangalore in connection with a suit which the daughter of the accused had brought against the complainant in the present case for breach of promise of ..... evidence in the present case that the prosecution protested when the district magistrate returned the original defamations to the resident's court, though it is said that the counsel for the accused did protest against the reception of certified copies. ..... was expended on the question as to whether, assuming this letter was posted in bangalore, there would be any publication in british india to bring it within the jurisdiction ..... a copy was sent by post to england or that it was posted at bangalore cantonment or city.15. ..... the intention to harm can only be evidenced by some overt act which in this case would be publication as it is called ..... , the second marriage of the complainant) 'acted maliciously in spreading caluminous reports regarding the complainant's character with intent to defame, him and ruin his standing .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1933All466
..... shambhu prasad who argued the case very well for the applicant urged that when the goods arrived at bangalore the plaintiff asked the railway administration to keep the goods till his further instructions as the consignee had refused to take delivery of the ..... this is a revision against the decision of the judge, small cause court, at agra, by which the applicant's suit against the secretary of state for india in council and the madras and southern mahratta railway was dismissed with two sets of costs, one set to each of the ..... lastly it was urged that the court below should not have decreed separate costs against two ..... it does not appear that in the court below any argument was based on the ..... the circumstances the two sets of costs were properly awarded in the court below and must be awarded in this court also.4. ..... argument that the government is not a 'common carrier' within the meaning of the carriers act (act 3 of 1865) does not make the secretary of state for india in council incapable of taking advantage of article 31, schedule 1, limitation act. ..... in the circumstances the court below was entitled to decide the case on the facts mentioned in ..... i hold with the court below that article 31 applies and the suit was time ..... in this court i asked ..... see rule 11, order 8, schedule 1, civil p.c). ..... 7, schedule 1, civil p.c. ..... prasad that after the goods have arrived the carrier becomes the bailee for the purpose of limitation and that article 48 or article 49, schedule 1, limitation act could apply. .....
Tag this Judgment!Court : Chennai
Reported in : (1935)68MLJ379
..... the year of account, the profits and gains of each of them separately would have been arrived at under section 10(1) and (2) of the act after making the allowances given in sub-section (2); and the loss, if any, in any one or more of the businesses thus arrived at would, under section 24 of the act, be set off against the profits and gains of the more successful businesses arrived at in the same way ..... there was sufficient legal evidence to justify the income-tax officer's finding that during the year of account the company carried on no business within the meaning of section 2(4) of the income-tax act, xi of 1922, and that the losses claimed by the company were of a capital nature and could not be set off against the income from dividends.2 ..... of these two partners was transferred to the company, but since lloyd's will not recognise a company as a name these two partners continued to act as nominees and agents of the company to which all underwriting profits were handed over, the company being responsible for any losses. ..... to which the company owed large sums of money applied to the high court for the winding up of the company and as a result the several businesses were, under the orders of the high court, taken over and conducted by the official liquidator till 1925. ..... city brick and tile works, bangalore ..... it was held by the high court that the question was one of fact and that there was evidence on ..... us relied upon the full bench decision of this high court in arunachalam chetty v. .....
Tag this Judgment!Court : Chennai
Reported in : 170Ind.Cas.279
..... section 21, civil procedure cede, provides that an appellate court shall not allow an objection on the ground of want of jurisdiction of the court of first instance1, notwithstanding that the objection has been taken at the earliest opportunity, unless there has been a consequent failure of ..... but this will not help the plaintiff; for the assured died in bangalore, and bangalore including the civil and military station is foreign territory; in re hayes 12 m 39 ..... conclusions would suffice to dispose of the appeal had not the plaintiff's pleader in the course of his argument in the trial court, for the purpose of repelling the claim made by the 2nd defendant to the policy money, raised the question of a trust created in favour of the plaintiff by operation of section 6, married women's property act. ..... as already observed, the point about the application of section 6 of the married women's property act arose somewhat adventitiously. ..... having done that the company cannot be allowed, by reason of the accident that the plaintiff's pleader argued the question of the applicability of section 6 of the married women's property act, to have the benefit of a defence which it did not plead. ..... the circumstance that a benefit to the wife is of a contingent character does not prevent it from being within the married women's property act; in re fleetwood's policy (1926) 1 ch. 48 : 95 lj ch. ..... article 85 of the limitation act, the suit having been brought more than 3 years after the proof of the death of the .....
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