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 : 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 : AIR1952Kant90; AIR1952Mys90
..... appoint an 'ad interim' receiver to seize certain paddy crops as the property of his debtor knowing that they belonged to the plaintiff, it was held that the act was in the nature of trespass to property because there was an unlawful interference with the exercise of the property rights of the plaintiff and that he could claim ..... exemplary damages; ibid para 25.trespass on goods has been described as an unlawful disturbance of the possession of the goods by seizure or removal by a direct act causing damage to goods, and the remedies available to a plaintiff against whom such trespass is committed is independent of his claims for other wrongs in respect of ..... trespass is an actionable wrong and a mere trespass is as a rule actionable only and not criminally though even bare trespass may be a criminal offence under certain special acts. in an action of trespass, the plaintiff, if he proves the trespass is entitled to recover damages even though he has not suffered actual loss; see para 25 .....
Tag this Judgment!Court : Karnataka
Reported in : [1960]38ITR12(KAR); [1960]38ITR12(Karn)
..... law arises for consideration, but that prayer was rejected. thereupon, the assessee took up the matter before the high court under section 82(2) of the hyderabad income-tax act for directing the appellate tribunal to refer the question of law for decision of the high court. that was considered by a bench of the hyderabad high court in case ..... with the learned solicitor-general when he says that the income-tax officer is not fettered by technical rules of evidence and pleadings, and that he is entitled to act on material which may not be accepted as evidence in a court of law, but there the agreement ends; because it is equally clear that in making the assessment ..... has referred this matter to this court. it is stated as follows : 'it may be noted that the income-tax officers in the discharge of their duties under the act receive a good deal of information which is not all evidence according to the accepted notions of law. consequently it is only fair and just that the accuracy or otherwise .....
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 .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1981KAR885; [1981]129ITR130(KAR); [1981]129ITR130(Karn); 1981(1)KarLJ329
..... standing on different footings. the lump sum received under r. 37a (1) should be considered as one integral whole and was entirely exempt under s. 10(10a)(i) of the act. therefore, the terminal benefit received by a civil servant on his retirement from govt. service and absorption in a public sector corporation under r. 37a (1) (b) of the ..... subject-matter of decision by the bombay income-tax appellate tribunal which appears to have held that the same is entitled to exemption under s. 10(10a)(i) of the act, which decision has been accepted by the department in so far as it relates to the state of maharashtra. similarily, in the case of c. p. ohrie v. accountant ..... civil services of state or holders of civil posts under a state or to the employees of a local authority or a corporation established by a central, state or provincial act; (ii) any payment in commutation of pension received under any scheme of any other employer, to the extent it does not exceed - (a) in a case where the employee .....
Tag this Judgment!Court : Karnataka
Reported in : [1983]54CompCas811(Kar)
..... ltd. . (2) the expression 'any claim' occurring in s. 446(2)(b) of the act should be interpreted as any claim enforceable at law. (3) the relevant date for computing the period of limitation ..... of the present claimant right to apply accrued on february 4, 1977. thus, the official liquidator had 3 years plus the maximum advantage of s. 458a of the act which would be the exclusion of 1 year plus another year and 4 months. thus, the official liquidator could have presented the application within five years and four months ..... 186 of the companies act, 1913) could be so exercised only if the 'money due' to the company was recoverable on the date of application in a suit and did not inside any money which was not so recoverable. (reliance was placed on the privy council decision in the case of hansraj gupta v. dehra dun mussourie electric tramway co. .....
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 : AIR1988Kant275; ILR1987KAR3315; 1988(1)KarLJ266
..... high court under art. 226 of the constitution should be reluctant to interfere with or disturb the decision of specially constituted authorities or tribunals under the act especially when the legislature has entrusted the task of granting or renewing the stage carriage permits to the aforesaid authorities or tribunals which are expected to be ..... transport authority, : [1968]3scr605 and mohd. ibrahim v., state transport appellate tribunal, madras, : [1971]1scr474 and observed :'after all section 47 of the act emphasises the interest of the travelling public as the dominant consideration in the grant of permits and no order in exercise of powers under art. 226 or art. ..... bench examined the facts of the case and held that as a result of the interim orders issued throughout in the proceedings by the authorities under the act, the appellant therein was continuously operating his stage carriage since 1968. accordingly, the division bench following the decision of the supreme court in m. chinnaswamy .....
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