Court : Karnataka
Reported in : [1968]69ITR45(KAR); [1968]69ITR45(Karn)
..... or coparcenary property involving the doctrine of the right by birth an devolution by survivorship, then both the accountable persons having been born long before the coming into force of the act must be taken to have acquired a right by birth in their father, mohammad hussain's property, which is not taken away but preserved by section 3 ..... time. they were born subsequent, abdulla sait, in january 1933. under the settlement a monthly payment of rs. 50 was made available to the settlee asia, on the security of the immovable properties described in the schedule attached to the deed. 16. there was then another application produced by the accountable persons, viz., their own application to ..... of the law to it on that date. if, on the facts and circumstances available at the time of his death and in accordance with the law in force on that date, a deceased person could have disposed of certain items of property, such items would certainly come within the description of the property as stated in .....
Tag this Judgment!Court : Karnataka
Reported in : I(1990)DMC196; ILR1990KAR1193; 1989(2)KarLJ257
..... not aware of the solemnisation of the marriage. that is a denial which suits his purpose. therefore, we should not give any undue importance to the denial. we also derive force to sustain the finding of the trial court in regard to the validity of the marriage and the same is evidenced by exh.p-1, the marriage invitation. marriage of ..... , he did not perform the sapthapadi for the wedding of deceased basavaraju and plaintiff shivamma. undoubtedly persons belonging to veerashaiva community are hindus as defined by the act. section 7 of the hindu marriage act provides for the manner in which any marriage is required to be performed to constitute a valid marriage. it is as follows:7. (1) 'a hindu marriage ..... have been impleaded as a party with the defendant or a plea taken that the suit was bad for non joinder of parties. not having done so, there is no force in the present argument.11. there is no merit in this appeal. it is, therefore, rejected. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1988KAR1987; 1987(3)KarLJ589
..... to securepossession of the mortgaged properties except in accordance with theprovisions of the karnataka rent control act. the mortgagors may ormay not be able to secure possession under the provisions of thekarnataka rent control act as they would be required to make out acase for possession as per the provisions of the said ..... undoubtedly a clog on the right ofredemption. it comes in the way of the mortgagors to secure possessionof the mortgaged properties even after redemption. the mortgagedproperties are situated in hubli city and are governed by thekarnataka rent control act. mortgagees become the tenants on theredemption of the mortgage, the mortgagors will not be able ..... act. thus,clause 9, if read as enabling the mortgagees to continue in possessionof the mortgaged properties as .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR118
..... of capital as a result of continuous losses, inadequate working capital because of the commercial banks and creditors choking up assistance for fear of dilution of security, poor liquidity, pressure from creditors for settlement of claims and the labour unrest like strikes, lay off, etc. the state government have in consultation ..... applicable to gowribidanur sahakara sakkare karkhane niyamit, gowribidanur with its distillery immediately before 4th november 1981 shall, during the period the said notification is in force, remain suspended and that all the rights, privileges, obligations and liabilities accruing or arising thereunder before the said date shall remain suspended and shall ..... notification under section 4(1)(b) of the act applies to the second respondent in so far it relates to the suspension of the operation of or any of the contracts, assurances of property, agreements, settlements, awards, standing orders and other instruments in force to which the second respondent was a party .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR768; 1987(3)KarLJ477
..... sanskrit paper contains a facing sheet with instructions to candidates. that sheet also contains certain columns for filling up the marks awarded to the candidates. the total marks secured by the appellant in the facing sheet are 22. the appellant was informed that the re-totaling was correct. thereafter he had made an application as follows : ..... no incorrect representation of facts on the part of the board to all the petitioners in the first instance and that the petitioners made an unprecedented representation and secured more mark r which was impermissible under the rules. incidentally, the learned judge also considered the question of delay on the part of the board in issuing ..... of the high court to interfere in an election dispute arising under the relevant provisions of the representation of the people act. in bur view, this ruling of the supreme court is applicable with all force to the facts of this case and this principle has been followed by this court in a number of cases touching .....
Tag this Judgment!Court : Karnataka
Reported in : 2000(3)KarLJ121
..... and one of them is doing business in hotel, if eviction is ordered, they would not be put to any difficulty or hardship and inasmuch as they can secure alternate accommodation. sri nagesh, learned counsel for the petitioner also submitted that in fact deceased respondent-bhanumathi r. sodha and her daughter-in-law mrs. rajeshree p ..... be, trial court having come to the conclusion that the requirement was bona fide, was not right in refusing eviction under section 21(1)(h) of the act on the ground that it lacks reasonableness by drawing adverse inference for not examining certain witnesses, more particularly, the circumstances and the defence urged, required the respondent ..... for eviction is filed.5. the matter was therefore posted for evidence and in the meantime, landlord made an application under section 29(1) of the act for a direction to stop further proceedings for non-payment of arrears of rent. that application was also opposed on the ground that there exists no relationship of .....
Tag this Judgment!Court : Karnataka
Reported in : 2000(4)KarLJ370
..... the constitution. that judgment will be of no assistance to the respondents. similarly, the case in air 1977 sc 379 (sic) also deals with the police force. respondents cannot seek aid of this judgment since statute provide for such restriction. therefore these two judgments are clearly distinguishable on facts and therefore the contention that ..... article, article 19 can be claimed by government servants. article 33 which confers power on the parliament to modify the rights in their application to the armed forces, clearly brings out the fact that all citizens, including government servants, are entitled to claim the rights guaranteed by article 19. thus, the validity of ..... any manner with the petitioner-union, they may not be even able to represent security/supervisory personnel under section 36 of the act, before the authority under the industrial disputes act.34. regarding point nos. 3, 4 and 5.--the industrial disputes act has been amended in the year 1947. the parliament in its wisdom has .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1989KAR716
..... other candidates who contested if there has been allegations of malpractice committed by them in an election petition presented under the representation of the people act not only to secure a declaration in one's own favour or to challenge the election of a particular candidate but also to maintain the purity of elections and bring ..... particular seats, reserved or general in the constituency. this is inescapable. it is likely that a person who got declared elected to the reserved, seat by securing the highest number of votes after contest may remain undisturbed in that position by no one challenging the election of that candidate. it may be even possible that ..... ) and the illustration are wholly consistent with the relevant provisions of the constitution and of the act.'23. from the above it is clear that notwithstanding the intention the candidate expressed while filing nomination, depending on the number of votes secured by the candidates, under clause (c) of sub-rule (4) of rule 28 of the .....
Tag this Judgment!Court : Karnataka
Reported in : [2003]116CompCas413(Kar); (2003)4CompLJ13(Karn); [2003]43SCL186(Kar)
..... creditors by three-fourths majority present and voting and therefore the legal requirement of section 391(1) of the act has been complied with, elaborating the contention, he submitted, insofar as the secured creditors are concerned, for the purpose of three-fourths majority what is to be taken into consideration is the ..... generally the end-users of the company's products. the other factors which lead to the decline in profitability are high level of debt, excess labour force and high employee cost, high interest cost, high level of receivables, continuing large losses, continuing poor financial situation and threat of legal cases from creditors/ ..... of the company, to reduce outside liabilities on manufacturing operations, rationalise the debt burden on manufacturing units to long term sustaining level, rationalise the work force and bring the employee cost in line with the industry norms, restore bank ability of business units and achieve long term viability under given economic and .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR3450; 1998(5)KarLJ360
..... original is a public document within the meaning of section 74 and another under clause (f) when original is document of which certified copy is permitted by this act or any other law in force in british india to be given in evidence but no other kind of secondary evidence is admissible. 'if then the anumati patra was a public document within ..... a document, if original is a public documentwithin the meaning of section 74 or if the original is document of which a certified copy is permitted by evidence act or any other law in force in the country to be given in evidence.36. the emphasis under clause (e) is on original being a public document i.e., the original is document ..... that section 4(1) and 4(2) not to apply to suits pending on the date and from before the date of coming into force of the act as well do not bar the trial of such a plea taken in defence in suit i.e., taken in the written statement filed before 19-5-1988, as in .....
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