Court : Karnataka
Reported in : ILR1996KAR263; 1995(5)KarLJ415
..... daughter of balindrappa and that the first defendant is the validly adopted son of balindrappa. in view of the provisions of hindu succession act, it held that the respective shares of the parties would be 1/3 each and accordingly allowed the appeal declaring that the ..... first appellate court should not have decreed the suit: i think there is no substance in this contention. section 132 of the act does not provide for dismissal of the suit but provides only for rejection of the plaint or for return of the plaint. this ..... when the plaint was filed, certified copy of the record of rights should have been filed and section 132 of the karnataka land revenue act provides that if certified copy of the record of rights is not filed the plaint shall be rejected. therefore, when it has not ..... injury to any suit/or has been laid down by cairns, l.c. in rodger v. compitoir d escompte de paris., 1871 (3) pc 465. this decision has been followed by hon'ble supreme court in many cases including the one in jagat .....
Tag this Judgment!Court : Karnataka
Reported in : I(1994)DMC356; ILR1993KAR3035; 1994(3)KarLJ335
..... a is offensive of article 14. this point too is no longer res integra. when the legislature indicates a statutory presumption in respect of certain act or acts or a burden of proof upon certain persons, the statute cannot be challenged as discriminatory if the rule of evidence has a rational relation to the ..... instance to look at the relevant provisions of the act. the act was enacted in 1961 by the parliament. the statement of objects and reasons underlying the said enactment, reads as under: 'the object of this bill ..... , the impugned provision is in no way unconstitutional. learned advocates of respective parties have invited our attention to number of judgments and relevant provisions of other acts dealing with criminal offences, for supporting their respective contentions. 4. for resolving the aforesaid controversy posed for our consideration, it will apposite in the first .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1996Kant386
..... than the courts to remedy the defect.'15. coming to the present case, neither the scheme under the act nor the phraseology of sections 28 suggests any causes omissus. the suggestion of digging out ..... : 13 er 582 (h), aid the legislature's defective phrasing of an act or add and amend or, by construction, make up deficiencies which are left in the act. even where there is casus omissus, it is, as said by lord russell of 'killowen in hansraj gupta v, dehra dun-mussoorie electric tramway co. ltd., air 1933 pc 63(i), for others ..... (s.o. no. 545)dated 29-5-1995 which reads thus: 'in exercise of the powers conferred by section 11a of the karnataka tax on entry of goods act, 1979 (karnataka act 27 of 1979), the government of karnataka being of the opinion that it is necessary in public interest so to do, hereby exempts with effect from the first day .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR3080; 1996(41)KarLJ137
..... the courts to remedy the defect.' 15. coming to the present case, neither the scheme under the act nor the phraseology of section 28 suggests any casus omissus. the suggestion of digging out ..... , 6 moo pc 1, aid the legislature 1s defective phrasing of an act or add and amend or, by construction, make up deficiencies which are left in the act. even where there is casus omissus, it is, as said by lord russell of killowen in hansraj gupta v. dehra dun mussoorie electric tramway co. ltd. air 1933 pc 63, for others than ..... (s.o. no. 545) dated may 29, 1995 which reads thus : 'in exercise of the powers conferred by section 11a of the karnataka tax on entry of goods act, 1979 (karnataka act 27 of 1979), the government of karnataka being of the opinion that it is necessary in public interest so to do, hereby exempts with effect from the first day .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR3518
..... however, the learned counsel for the petitioner has placed reliance on certain observations made in the decision of the privy council in hansraj gupta and ors. v. dehra dun mussorie electric tramway co. ltd. and also of the supreme court in new delhi municipal committee v. kalu ram and anr. : air1976sc1637 in hansraj's case ..... question raised in this writ petition.8. dalip singh v. rajasthan state electricity board, jaipur and ors . fell under provisions of the electricity (supply) (amendment) act, 1966. therefore, it was held that the limitation prescribed therein was applicable. thus in the instant case, this decision is also of no assistance to the petitioner. ..... 40p. from the petitioner as demanded under the aforesaid bill annexure-j.2. the petitioner is a co-operative society registered under the karnataka co-operative societies act,1959. it is a co-operative spinning mill situated at banahatti, jamkhandi taluk, bijapur district.3. having regard to the contentions urged on both sides, .....
Tag this Judgment!Court : Karnataka
Reported in : IV(2005)BC310; [2005]126CompCas522(Kar); [2006]65SCL76(Kar)
..... has relied on the following further decisions jitendra narottamdas sheth v. indradeep co-operative housing society ltd., air 1993 bom 302 and hansraj v. official liquidator, dehra dun mussoorie electric tramway co. ltd. : air1929all353 .14. sri narayan bhat, learned counsel appearing for the workmen submits that the workmen having notified their claims before ..... such rights in the light of the competing claims of various secured creditors including the workmen on whose behalf the official liquidator himself is required to act and safeguard their interest.30. though a secured creditor who has not notified his claim before the official liquidator within the time allowed by the ..... exclusive jurisdiction of the debt recovery tribunal (tribunal, for short), functioning under the provisions of the recovery of debts due to banks and financial institutions act, 1993. pendency of proceedings before the winding up court and an order by the company court to wind up the affairs of the company which owes .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR2673
..... recovery of a just debt, yet, the proceedings are not in the nature of a suit. in hansraj -v.- dehra dun m.e.t. co. the contention based on the explanation to section 3 of the limitation act, 1908, was this :'.... an argument however was addressed to their lordships, founded upon the explanation, to this effect : ..... sense that its assets are insufficient to meet its liabilities taking into account its contingent and prospective liabilities.as to the first kind of insolvency buckley on the companies act (xiv edition) says ;'commercial insolvency. the particular indications of insolvency mentioned in paras (a), (b) and (c) are all instances of commercial insolvency, that ..... to a winding-up order although his debt is adequately covered by the value of his security.(see page-677 f.n.)in buckley on the companies act the following passage occurs :'the section therefore did not introduce into winding-up the bankruptcy rules as to :............liability of secured creditor presenting petition to value .....
Tag this Judgment!Court : Karnataka
Reported in : [1992]85STC168(Kar)
..... 6 moo pc 1, aid the legislature's defective phrasing of an act or add and amend or, by construction, make up deficiencies which are left in the act. even where there is casus omissus, it is, as said by lord russell of killowen in hansraj gupta v. dehra dun mussoorie electric tramway co. ltd. , for others than the courts to ..... , or with reference to their particular uses or with reference to their prices. whenever, a corresponding exemption from the levy of tax under any provision of the act has to be granted, the legislature granted the exemption under section 8 by specifying those goods under the fifth schedule. section 8-a vests a similar power in ..... the assessing authority by its order dated may 22, 1987, held that the turnover of the petitioner pertaining to the low priced pens were exempted from taxation under the act, obviously because he opined that 'pens' were referred in the second schedule. we are not concerned with other aspects of the assessment orders here. this order was reopened .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1960Kant265; AIR1960Mys265
..... proceeding in that case was commenced after the 'act' came into force.(5) in the result, the appeal fails and the same is dismissed with costs.( ..... to try pending cases for restitution of conjugal rights was not ousted by the act. with respect i agree with that conclusion.(4) the learned counsel for the appellant tried to seek support from the decision in smt. balwant kunwar v. addl. munsiff dehra dun, : air1959all7 . but this decision is of no assistance to him as the ..... not the saving of pending proceedings but taking away the jurisdiction of the ordinary civil courts to decide pending proceedings.to repeat myself, no provision in the act has taken away the jurisdiction of the ordinary civil courts in the matter of pending proceedings. merely because the legislature omitted to include pending proceedings for .....
Tag this Judgment!Court : Karnataka
Reported in : (1969)ILLJ645Kant; (1968)2MysLJ407
..... in that case. the enunciation that the delay which could be condoned under the minimum wages act could not exceed the period of limitation prescribed by the limitation act, depended almost entirely upon the decision of the privy council in hansraj gupta v. official liquidators of dehra dun, etc., company [i.l.r. 54 all. 1067] in which the question was ..... whether an order could be made under s. 186(1) of the indian companies act, 1930, directing a contributory to pay a debt, suit for the recovery of which ..... had claimed in an application which they had previously made overtime wages for the period between 1 april, 1955 and 30 september, 1956. the authority functioning under the act gave them those wages by an order made on 25 july, 1958. but, for the subsequent period to which the second application relates the claim was not made .....
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