Judgment Search Results Home > Cases Phrase: clayton s case Court: karnataka Page 1 of about 901 results (0.020 seconds)

The Karnataka Bank Employees' Association Mangalore Vs. the Commission ...

Court : Karnataka

Reported in : ILR1998KAR2728; [1998]233ITR628(KAR); [1998]233ITR628(Karn); 1998(5)KarLJ230

..... yorkshire insrce v clayton), cited with approval by halsbury, c. ..... each is separately let and separately occupied and has no connection with those above or below, except in so far as it may derive support from those below instead of from the ground, as in the case of ordinary houses' (per jessel, m.r. .....

K.V. Narasappa Vs. Kamalamm and ors.

Court : Karnataka

Reported in : AIR1968Kant345; AIR1968Mys345; (1968)2MysLJ26

..... of this enunciation, it was asserted that the circumstances surrounding the thing which caused the accident in the present case were not exclusively under the control or management of the contractor and that that feature is what excludes the application ..... the principle which that elucidation incorporates is that the doctrine applies not only to a case where the thin that inflicted the damage was under the sole management and control of the defendant but also where it is under the sole management and control of some one ..... that the decision o the supreme court in : [1966]3scr649 can take the case of the contractor very far since the statement of the law in that case does not absolve the contractor from his liability. ..... the court will not wash its hands of the case simply because it cannot say whether it was only one ..... which could enable the court to draw the distinction between them, they must both be held to blame and equally to blame, and in this content he said this:'now take this case where there is no passenger, but both drivers are killed. ..... the postulate that the maxim res ipsa loquitur was inapplicable, makes it clear that to a case like the present one that maxim is clearly applicable. ..... on the application of this principle to the present case, it is abundantly manifest that in the circumstances in which the contractor employed venkataramaiah to participate in the construction of the beam, the board, whose officers bad taken upon themselves the responsibility ..... decision in clayton v. .....

M.V.C. Sastri Vs. Radhalakshmi

Court : Karnataka

Reported in : AIR1953Kant147; AIR1953Mys147

..... at page 133 of the printed record and of his father at page 98 'that defendant could not get a job here as he was a british subject domiciled in burma', the applicability of the act to the case raised a doubt, as it has been held in -- '51 mys hcr 301 (a)-, that the act cannot apply to a person unless he is a subject of mysore. ..... the expenses necessary for protecting the 2nd wife and children by her, cannot in the circumstances of this case be legitimately urged as a ground to lessen the amount payable to the plaintiff, as re-marriage was resorted to in spite of the plaintiff's apologies for her past faults, remonstrances of her mother and in utter disregard of ..... the principle governing valuation of these and other articles, which the defendant has to deliver in the case, is, as stated in addison's law of torts at page 602:''the value of the thing detained should be assessed at the highest price it bore in the market at any time during the period of its ..... though ordinarily the circumstances at the time of the suit govern the decision in the case, there is no hindrance to this being taken now into account, since the decision as regards the amount payable, is liable to be altered by ..... shri lakshminaranappa, learned counsel for the respondent, said that this is a case of 'trespass' but i do not think so as the goods were left with the defendant with consent of plaintiff and the wrong, if at all, can only consist in withholding the articles so as to justify an action in detinue ..... clayton .....

Nataraj Talkies Vs. the State of Karnataka and anr.

Court : Karnataka

Reported in : ILR1988KAR718; [1988]69STC278(Kar)

..... of all payments for admission to a show, if all the seats and accommodation available and provided for the audience such theatre are occupied, and the aggregate of all payments for admission shall be calculated, - (i) in the case of cinema theatres exhibiting cinematograph shows immediately prior to the date of commencement of the karnataka entertainments tax (amendment) act, 1977 at the rates of all payments for admission to such seats or accommodation which were in force immediately ..... of all payments for admission to a show, if all the seats and accommodation available and provided for the audience in such theatre are occupied and the aggregate of all payments for admission shall be calculated :- (i) in the case of cinema theatres exhibiting cinematograph shows immediately prior to the date of commencement of section 5 of the karnataka taxation and certain other laws (amendment) act, 1982, at the rates of all payments for admission to such seats or accommodation ..... which were in force immediately prior to such date; and (ii) in the case of cinema theatres commencing to exhibit cinematograph shows after the aforesaid date, at the rates of payment for admission to such seats or accommodation provided for by the proprietor.' 9. .....

Pro Lab a Partnership Concern and ors. Vs. the State of Karnataka Rept ...

Court : Karnataka

Reported in : ILR2006KAR475; [2006]144STC33(Kar)

..... a division bench of this court, after hearing the writ petition in which the circular was challenged, framed two points for its consideration in (golden colour lab case):i) whether the pronouncement of law in acc, in regard of levy of sales tax on works contract, will prevail over the decision in 'rainbow'.ii) even if the decision in acc prevails over the law declared in rainbow and ..... they proceed with or decide any proceeding on the basis that entry 25 in 6th schedule is restored to the act.iv) all proceedings initiated or orders passed in the cases of petitioners, by the authorities under the act on the basis of commissioner's circular no. ..... as second issue is concerned, the division bench in the golden colour lab case has noticed the various contentions and various judgments in its order. ..... a careful reading of the entire judgment in golden colour lab case, would show that unless entry 25 is declared to be invalid and unsustainable in any subsequent proceedings, the judgment of keshoram continues to be binding on ..... the conclusion arrived at in rainbow colour lab case, in our opinion, runs counter to the express provision contained in article 366(29-a) as also of the constitution bench decision of this court in builders' association ..... she refers to the golden colour lab's case to contend that a careful reading of the said judgment would show that the state government has been provided with a power to re-enact a provision similar to entry-25 in terms of the findings in para 23 of .....

Bhimappa S/o Yamanappa Walikar Vs. The State Of Karnataka

Court : Karnataka Kalaburagi

..... learned counsel for the accused/appellant contended before us that there is no evidence to prove the case beyond reasonable doubt that the accused/appellant has committed the murder of the deceased and therefore the judgment under appeal is ..... further, as rightly contended by the learned defence counsel, mo.12 cannot be said to be an incriminating material in this case in the absence of any evidence to show that the said ornament actually belonged to the deceased and she was wearing the same at the time ..... , delivered the following:- judgment aggrieved by the judgment dated 24.09.2012 in sessions case no.29/2011 passed by the learned first additional sessions judge, vijayapur convicting the present appellant for the offence punishable under section 302 of the indian penal code ( ipc for short ..... state of maharashtra reported in 1984 (4) scc116 has observed that whenever a case is based on circumstantial evidence the 9 following features are required to be fully satisfied, namely: (i) the circumstances from which the conclusion of guilt is to be drawn must or should be and not merely may be fully established; (ii) ..... megaw, for the crown, has argued that in such a case the fact discovered is the physical object produced, and that any information which relates distinctly to that ..... as observed by the hon ble supreme court, in this case prosecution has completely failed to connect mo.12 to deceased dyamawwa and therefore this circumstance is of no use for the prosecution to prove the offence .....

Kallappa Malleshi Halab, Vs. The State Of Karnataka,

Court : Karnataka Dharwad

..... what are the principles which are to be followed regarding the right of private defence has been discussed by the apex court in the case of darshan singh stated supra, wherein at head notes it is laid down as under: (i) self preservation is the basic human instinct and is duly recognized by the criminal jurisprudence of all civilized countries ..... : evidence which has been led by the accused as dw1 that the case has been specifically made out by the accused-appellant to the effect that when he assaulted pw1-the complainant, at that time he made a big voice ..... in that light, the accused has made out a case so as to interfere with the judgment of the trial court ..... first clause of section 100 applies to cases where there is reasonable apprehension of death while second clause is attracted where a person has a genuine apprehension that his adversary is going to attack him and he reasonably believes that the attack will result in a grievous ..... are conscious of the fact that, if the accused exceeds the limits of self defence, under such circumstances, the benefit will not be extended as held in the case of manphool singh and others v. ..... order to substantiate the said contention, he has relied upon the decision in the case of manphool singh and others v. ..... on the basis of the complaint, a case has been registered in crime no.48/2012 and after investigation, charge sheet has been filed ..... in order to establish the case of the prosecution, the prosecution has relied upon the evidence of pw1, pw8 and .....

Sidda @ Siddanayaka S/O Annanayaka Vs. the State of Karnataka, Represe ...

Court : Karnataka

..... counsel for the petitioner, the alleged incident has taken place during january 1993, whereas, one accused kitty was arrested in connection with some other case and alleging that he has disclosed the name of this petitioner and one more accused in the involvement of theft the petitioner has been falsely implicated ..... coupled with identification by the temple authorities that the articles belong to the temple is sufficient to establish the case against the accused and also when after the arrest of this petitioner certain of the incriminating articles were recovered ..... one kitty was arrested and during interrogation he revealed the names of this accused and one more accused person and based on his voluntary statement, the case was reopened and thereafter, charge sheet was filed by taking the accused into custody during november 2001. ..... on the strength of the said statement, the case was reopened and the police have conducted further investigation and recorded the statement of the witnesses and also recovery panchanama was conducted at the instance of this petitioner and ..... the receiver has not supported the case, but the other two witnesses ..... when in connection with some other case one kitty was arrested, during interrogation he said to have revealed the involvement of ..... as per the prosecution case, on the intermittent night of 19/20.1.1993 the petitioner along with one more accused having gained entry into the kannika parameshwari temple by breaking open the lock, committed theft of .....

Smt T H Ashalatha Vs. The Commissioner Directorate of Municipal

Court : Karnataka

..... (2) appointment under these rules shall be restricted to the dependent of a deceased government servant in the following order of preference, namely- (i) in the case of the deceased male government servant:- (a) the widow; 9 (b) a son, if widow is not eligible or for any valid reason she is not willing to accept the appointment; (c) an unmarried daughter, if the widow and son are not ..... widow dependent on the deceased government servant is defined in rule 2(1)(a) as under: (a) dependent of the deceased government servant means:- (i) in the case of deceased male government servant, his widow, son, unmarried daughter and widowed daughter who were dependent upon him and were living with him; and (ii) in the case of a deceased female government servant, her widower, son [unmarried daughter and widowed daughter]. ..... petitioner s counsel has drawn my attention to rule 5 of the said rules, which states that in case of the death of a male government servant, his widow would be entitled to appointment on compassionate ground and that the first respondent herein could not have issued the impugned endorsement stating that the ..... golden rule of construction is that the words of a statute, or the rule in question, in the instant case must be first understood in the natural, ordinary or popular sense. ..... plaintiff and defendant no.1 humbly prays this hon ble court to accept this compromise petition and to decree the above case in terms of this compromise in the interest of justice and equity. .....

D.G. Rajanna Vs. the Deputy Inspector General of Police, Head-quarters ...

Court : Karnataka

Reported in : ILR2000KAR3343; 2000(5)KarLJ586

..... in my view, the only question that is required to be considered is, whether the petitioner was entitled for the benefit of rural weightage on the date of his case being considered along with other candidates who also had sought for the benefit of rural weightage and whose selection was saved by the division bench on account of their names being included ..... that since rule 3-b of the rules, which mandates grant of ten marks of rural weightage, has now been struck down by this court in the case of basavaraj nagoor v state of karnataka and another , which has been confirmed by the division bench in the case of basavaraj nagoor, supra, the petitioner is not entitled to seek for a direction to the respondents for grant of ten marks of rural weightage. ..... they pointed out that since the petitioner was given the benefit often marks of rural weightage when his case was considered for the post of police constable in terms of the proviso given to rule 3-b of the rules, the petitioner was not entitled for the benefit often marks of rural weightage for ..... therefore, the rights accrued to the petitioner on the date when his case along with the case of other candidates came up for consideration by the selection committee and the benefit of the selection given to persons, who are similarly situated like the petitioner, whose names were found in the select list, in the light of the judgment of the division bench in the case of basavaraj nagoor, supra, cannot be denied to the petitioner merely .....