Court : Karnataka Dharwad
..... no.3, that cannot be a factor to grant decree for specific performance of contract in toto.13. as per section 20 of the specific relief act 1963, (before amendment act, 2018) grant of relief of specific performance of contract is a discretionary one, as the courts shall exercise principles of judicial discretion. what are the ..... vs. a. m. krishnamurthy reported in air2022sc3361were pleased to laid down the law as under: 23. section 16 of the specific relief act, 1963, as it stood at the material time (prior to amendment with effect from 1.10.2018), inter alia, provides:- 16. personal bars to relief. specific performance of a contract cannot be ..... 2007 k.s.vidyanadam vs. vairavan has laid down the law that grant of relief of specific performance is a discretion and the court is not bound to grant the relief just because the agreement of sale is a registered one.14. as per section 20 of the specific relief act 1963, it is discretion as to decreeing specific performance (before amendment act .....
Tag this Judgment!Court : Karnataka Dharwad
..... the extent to which decree is in his favour; however, if he proposes to attack any part of the decree he must take cross- objection. the amendment inserted by the 1976 amendment is clarificatory and also enabling and this may be made precise by analysing the provision. there may be three situations: (i) the impugned decree is ..... no steps are taken immediately after the expiry of the six months contemplated under the agreement dated 20.07.2006. the records indicate that only on 31st august 2007, the plaintiff issued the notice to the defendant calling upon him to execute the sale deed.45. the pw-1 has produced two documents namely the letters ..... his part of the contract. the financial soundness at the most signifies the readiness but not necessarily the willingness. under section 16(c) of the specific relief act, 1963 both readiness and willingness have a different connotation and flavor. mere processing the money to meet the obligation to pay the balance consideration amount by itself does .....
Tag this Judgment!Court : Karnataka Dharwad
..... under section 313 of ipc and section 3 of medical termination of pregnancy act, 1971 and sec.3(1)(w) sc and st amendment act, 2015 and sec.3(2)(v) of sc and st act, 1989. it was ordered by the trial court to frame the charges ..... against accused no.2 i.e., petitioner herein for the offence punishable under section 19 and 21 of pocso act. being aggrieved ..... registered for offences punishable u/s/3(2)(v) of sc/st act.313 of ipc. sec. 3(1)(w) of the sc/st amendement bill2015 sec. 19 and21of the pocso act and section3of medical termination of pregnancy act, 1971.-. 2 - crl.rp no.100169 of 2020 this crl. ..... in the code of criminal procedure, 1973 (2 of 1974) any person (including the child), who has apprehension that an offence under this act is likely to be committed or has knowledge that such an offence has been committed, he shall provide such information to,-- (a) the special .....
Tag this Judgment!Court : Karnataka Dharwad
..... of the plaint.40) we, however, make it clear that the respondents (plaintiffs) would be at liberty to challenge the legality and correctness of the award dated 22.08.2007 passed by the lok adalat by filing the writ petition under article 226 or/and 227 of the constitution in the high court in accordance with law.10. per contra ..... holding it to be not maintainable. the aggrieved party, therefore, filed an appeal by way of special leave before this court. this court, after examining the scheme of the act allowed the appeal and set aside the order of the high court. this court held that the high court was not right in dismissing the writ petition as not maintainable ..... award was passed by the lok adalat which had resulted in disposal of the appeal pending before the high court relating to a claim case arising out of motor vehicle act. one party to the appeal felt aggrieved of the award and, therefore, questioned its legality and correctness by filing a writ petition under article 226/227 of the .....
Tag this Judgment!Court : Karnataka Dharwad
..... market value of any acquired land is by the valuer evaluating the land on the date of valuation publication of notification under section 4(1) of the act, acting as a hypothetical purchaser willing to purchase the land in open market at the prevailing price on that day, from a seller willing to sell such land ..... irrigation tank.3. being not satisfied with the quantum of compensation awarded by the land acquisition officer, claimants preferred an application under section 18 of the land acquisition act to the reference court.-. 3 - nc:2024. khc-d:2217 mfa no.103033 of 2015 4. reference court, on consideration of the oral and documentary evidence ..... . praveen y. devareddiyavar, hcgp) - 2 - nc:2024. khc-d:2217 mfa no.103033 of 2015 this miscellaneous first appeal is filed under section541) of land acquisition act, against the judgement and award dated1802.2006, passed in lac no.288/2005 on the file of the senior civil judge, saundatti, partly allowing the reference petition for compensation .....
Tag this Judgment!Court : Karnataka Dharwad
..... .3.2022 under section 33(1)(a) of the arbitration and conciliation act, 1996 [ act of 1996 for short]. contending that the award copy had been received in the second week of february 2022 [date neither given in the application nor before this court ..... the methodology of compulsory - 3 - nc:2024. khc-d:1544 wp no.105176 of 2023 arbitration prescribed under subsection (g) of section 3 of the national highways act, 1956 [ act of 1956 for short].. an arbitral award was passed on 3.02.2022.3. the respondent no.1-national highway authority of india [nhai]. filed an application on 8 ..... hereunder for easy reference:8. firstly, the letter had been designed not strictly under section 33 of the act because under section 33 of the act a party can seek certain correction in computation of errors, or clerical or typographical 1 (2007) 10 scc742 2007:insc:230 - 5 - nc:2024. khc-d:1544 wp no.105176 of 2023 errors or any .....
Tag this Judgment!Court : Karnataka Dharwad
..... 65(b) of the indian evidence act from the person who recorded the statements of pws.1 and 6 which is marked at ex.p.40. in such circumstances, though the learned sessions ..... deposed before the magistrate under section 164 of cr.p.c. as such, the learned sessions judge invoking the provision under section 114 of the indian evidence act, drawn a presumption in favour of the prosecution and has rightly convicted the accused. nevertheless, the investigation officer has also obtained the necessary certificates under section ..... in vikramjit singh v. state of punjab [vikramjit singh v. state of punjab, (2006) 12 scc306: (2007) 1 scc (cri) 732]. this court reiterated : (scc p. 313, para14) 14. section 106 of the evidence act does not relieve the prosecution to prove its case beyond all reasonable doubt. only when the prosecution case has been .....
Tag this Judgment!Court : Karnataka Dharwad
..... 65(b) of the indian evidence act from the person who recorded the statements of pws.1 and 6 which is marked at ex.p.40. in such circumstances, though the learned sessions ..... deposed before the magistrate under section 164 of cr.p.c. as such, the learned sessions judge invoking the provision under section 114 of the indian evidence act, drawn a presumption in favour of the prosecution and has rightly convicted the accused. nevertheless, the investigation officer has also obtained the necessary certificates under section ..... in vikramjit singh v. state of punjab [vikramjit singh v. state of punjab, (2006) 12 scc306: (2007) 1 scc (cri) 732]. this court reiterated : (scc p. 313, para14) 14. section 106 of the evidence act does not relieve the prosecution to prove its case beyond all reasonable doubt. only when the prosecution case has been .....
Tag this Judgment!Court : Karnataka Dharwad
..... for women in employment.40. in m. nagaraj, supra the apex court has considered the questions of the validity of the 77th, 81st, 82nd, and 85th amendments to the constitution.41. in jarnail singh, supra the apex court was dealing with the question, whether the ratio in m. nagaraj, supra is to be revisited ..... were reluctant to join the armed forces, the emergency that was prevailing then in 1943 is no longer there. 25 eight decades have elapsed since then. the act, adapting the ordinance, 1943 does not spell out the objects and reasons for providing the 100% reservation for women. nevertheless, assuming that the ordinance was adapted ..... is ensured. this contention is untenable. while recruiting under the ordinance, 1943 where the employment is reserved exclusively for women, and in recruitment under any other act which provides exclusive reservation for men, there is no guarantee that the recruitment will take place simultaneously. not going for recruitment under one ordinance or law, when .....
Tag this Judgment!Court : Karnataka Dharwad
..... .3. facts in brief for disposal of the present appeal are as under:3. 1 a claim petition came to be filed under section 166 of m.v. act contending that on 03.04.2007, basanagouda patil after completion of his work, while returning to his native village keruru on motorcycle bearing no.ka-29/j- 7552, following the required traffic rules ..... .s. joshi, advocate for r3; r2 served) this miscellaneous first appeal is filed under section1731) of mv act, against the judgment and award dated0403.2010 passed in mvc.no.395/2007 on the file of the member, mact.no.iii, bagalkot, dismissing the petition filed under section166of mv act. this miscellaneous first appeal, coming on for hearing, this day, the court delivered the following: - 3 .....
Tag this Judgment!