Court : Karnataka Dharwad
..... and it is governed by respective laws of those jurisdictions. these reinsurance arrangements have multiple financial agreements with international reinsurers and they are multilateral in nature. the insurance companies arrange their reinsurance on the basis of concluded 4 (2020) 13 scc564- 17 - wa no.100532 of 2023 contracts at hand and obviously reshaping of terms & ..... - insurer submitted that insurance is a matter of contract and courts cannot rewrite the same on the ground that a - 10 - wa no.100532 of 2023 section of the insured has not been fully compensated; claims for insurance are settled on the basis of term sheets that are notified by the state government after taking ..... we have not been notified any rule or ruling to the contra. the term sheets being the sheet anchor of the insurance contract, which the stakeholders have acted upon and that the claims of the insured farmers have been accordingly settled, it was not open to the learned single judge to direct reframing of the term .....
Tag this Judgment!Court : Karnataka Dharwad
..... the court would be to refer such document to the deputy commissioner for being adjudicated for collection of chargeable duty and penalty thereof by invoking sub-section(2) of section 37 of the stamp act.15. in the case on hand, it is to be noted that, when the consent deed and agreement of sale are the basis for claiming ..... the relief of declaration and an application is filed to pay the duty and penalty when the document is insufficiently stamped, the trial court rightly invoked section 33 of the stamp act, since the court is empowered to impound the document. the very contention of the petitioner s counsel that the nature of the documents ought to have ..... remit the same. in case the plaintiff is not willing, the trial court to forward the sale agreements to the deputy commissioner concerned, as envisaged in section 37(2) of the act. the trial court shall await the receipt of the certificate or the order passed by the deputy commissioner for proceeding further in the suit. the suit .....
Tag this Judgment!Court : Karnataka Dharwad
..... . the judgment of the apex court in the case of satheedevi which has been referred by the first appellate court while considering kerala court fees and suits valuation act, 1959 section 40 where a suit is filed for the relief of cancellation of power of attorney and sale deed, the first appellate court has made discussion with regard to ..... of this court in the case of smt.damegunta rajeshwaramma and another vs. smt.jayalakshmamma and others reported in 2010 (2) kccr1429wherein this court held that as per section 38 of act, when the suit is filed for cancellation, court fee is payable on the market value or the value as indicated in the document and held that the court ..... matter of the sale deed in question as on the date of the presentation of the plaint and the market value has to be determined in accordance with section 7 of the act.15. per contra, learned counsel for the respondent no.1/plaintiff would vehemently contend that the first appellate court has taken note of the judgment of the .....
Tag this Judgment!Court : Karnataka Dharwad
..... of such contract labour system. though the legislature has expressly not mentioned the consequences of such abolition, but the very scheme and ambit of section 10 of the act clearly indicates the inherent legislative intent of making the erstwhile contract labourers direct employees of the employer on abolition of the intermediary contractor. it was ..... far below than that of the regular workmen of the company. this court in standard-vaccum refining co. of india ltd. v. its workmen, [1960]. 3 scr466and catering cleaners of southern railway v. union of india & ..... has held as under: 5. it is surprising that more than forty years after the independence the practice of employing labour through contractors by big companies including public sector companies is still being accepted as a normal feature of labour- employment. there is no security of service to the workmen and their wages are .....
Tag this Judgment!Court : Karnataka Dharwad
..... thereon, has proceeded to pass the order dismissing the petitioner from service.11. the petitioner thereupon filed petition challenging the said order of dismissal under section 10(4-a) of the industrial disputes act, 1947 and has examined himself as ww1 and exhibited 17 documents marked as exs.w1 to w17. on behalf of the respondent corporation, one witness ..... plead and prove that the employee was gainfully employed. in the absence of the same denial of back wages and consequential benefits would be rewarding the employer for the illegal act done by him.-. 22 - nc:2024. khc-d:10641 wp no.104702 of 2023 para no.23: when the termination is held to be illegal, the employee ..... in a case of mala fides or perversity, i.e., where there is no evidence to support a finding or where a finding is such that no man acting reasonably and with objectivity could have arrived at those findings and so long as there is some evidence to support the conclusion arrived at by the departmental authority, the .....
Tag this Judgment!Court : Karnataka Dharwad
..... ) the impugned order dated 23.07.2018 passed in o.s.no.175/2018, which impounded the agreement of sale dated 11.12.2002 under article 5(i) of the act, is set aside. (iii) the sale deed executed on 29.08.2005, having been duly stamped, remains valid and operative as the document evidencing the transfer of title. (iv ..... the sale deed and ceases to function as an independent document for the purposes of stamp duty. therefore, the imposition of stamp duty under article 5(e)(i) of the act, on the agreement of sale in this context is not applicable, as the sale deed is the primary legal instrument reflecting the property transaction.7. thus, the agreement of ..... .6. the sale deed, which was marked as ex.d1, is an essential document produced by the petitioners. article 5(i) of the karnataka stamp act, 1957 (hereinafter referred to as 'the act'), specifies that if possession of the property is delivered or agreed to be delivered before executing a conveyance, such a document is liable for stamp duty as .....
Tag this Judgment!Court : Karnataka Dharwad
..... she had managed to escape from the house and informed her husband and lodged a complaint. the eagerness of the victim to join her family by leaving the company of the appellant would indicate that how much she had been subjected to harassment. therefore, having considered her mental status and condition, it is not appropriate to ..... considering the bail applications, the factors which are required to be considered are nature of offence, gravity thereof and societal impact etc., in the present case, the act of inducing innocent and poor women and forcibly converting to islam is a serious development and therefore, in order to avoid such bad development, it is necessary to ..... the appellant knew that she was married woman and having two children, she was forced to elope from her house and was asked to convert into islam. the act of committing rape and forcing her to convert to islam is intolerable and indecent. therefore, the victim has lodged a complaint. hence, it is not appropriate to .....
Tag this Judgment!Court : Karnataka Dharwad
..... is illegal. that since rsa no.403/1998 was disposed of on 19.11.2001, the time spent over the litigation is required to be excluded under section 14 of the limitation act, 19634. hence, the plaintiff has filed the suit for declaration of title and possession of the suit property.6. the defendants entered appearance through a counsel ..... that, the time taken in prosecuting the suit and regular appeal and regular second appeal in the earlier round of litigation cannot be saved under the provisions of section 14 of the limitation act 1961. (emphasis supplied) 22. hence, the first appellate court has held that the suit was barred by time, allowed the appeal and dismissed the suit. ..... position of law as noticed above is applied to the facts of the present case, there is no requirement to consider the contentions regarding applicability of section 14 of the limitation act.33. it is relevant to note that the trial court had noticed the judgment of the hon ble supreme court in the case of indira5. the .....
Tag this Judgment!Court : Karnataka Dharwad
..... case of vineeta sharma7 has held as follows: 137. resultantly, we answer the reference as under:137. 1. the provisions contained in substituted section 6 of the hindu succession act, 1956 confer status of coparcener on the daughter born before or after the amendment in the same manner as son with same rights and liabilities. 137.2 ..... necessary that father coparcener should be living as on 9-9-2005. 137.4. the statutory fiction of partition created by the proviso to section 6 of the hindu succession act, 1956 as originally enacted did not bring about of the actual partition or disruption of coparcenary. the fiction was only for the purpose of ascertaining share ..... khc-d:8497 rsa no.100164 of 2018 succession to the lands that are conferred on tenants under the klr act and the only substantive provision that determines succession to such properties is section 8 of the hindu succession act, 1956, which is a central legislation. (emphasis supplied) iv. a division bench of this court in the case of .....
Tag this Judgment!Court : Karnataka Dharwad
..... 2016,and mfa no.104227 of 2016 therefore, this submission cannot be accepted. the approach of the tribunal is erroneous. therefore, i hold that the appellant - insurance company is liable to pay compensation of rs.7,85,000/- with interest @ 6% per annum from the date of petition till realization to the claimants.26. following the ..... no.104226 of 2016,and mfa no.104227 of 2016 supreme court of india issued directives regarding ex-gratia payments for covid-19 victims' families. under section 12(3) of the disaster management act, 2005, families of deceased covid-19 victims are entitled to rs 50,000 from the state disaster response fund (sdrf), disbursed through district disaster ..... payment made by one who recognizes no legal obligation to pay but who makes payment to avoid greater expense as in the case of a settlement by an insurance company to avoid costs of suit. a payment without legal consideration. in governance, ex gratia refers to a relief payment granted by the state when there is no .....
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