Court : Karnataka Dharwad
..... justice a.v.chandrashekara between: rfa no.600/2005 (dec/inj) 1. sri.chidanandaswamy bellary sri.guru bristayyaswami avadhootmath, a public trust registered under bombay public trust act, numbered as a-1933, bijapur, represented by the second appellant.2. smt.matoshri sharani veerammatai, aged45years, peetadhipathi and trustee of appellant no.1. (by smt.hemalekha ..... are the general endowment of the muth and not subjected to any specific trust. it is further averred that, plaintiff being a lady, is precluded acting as manager or mathadhipathi and there is no custom in the muth to appoint a lady as the mathadhipathi as it is avadhoota tradition. the alleged ..... peetharohana ceremony is stated to be false. it is stated that, bombay public trust act is not applicable to the muth situated within bellary district as properties in bellary district do not come within the purview of erstwhile bombay provenance. therefore, .....
Tag this Judgment!Court : Karnataka Dharwad
..... schedule properties are the general endowment of the muth and not subjected to any specific trust. it is further averred that, plaintiff being a lady, is precluded acting as manager or mathadhipathi and there is no custom in the muth to appoint a lady as the mathadhipathi as it is avadhoota tradition. the alleged peetharohana ceremony ..... is stated to be false. it is stated that, bombay public trust act is not applicable to the muth situated within bellary district as properties in bellary district do not come within the purview of erstwhile bombay provenance. therefore, it is ..... averred that, plaintiff no.1 is not a trust under bombay public trust act. the suit is stated to be barred by time. with these pleadings, defendant prayed for dismissal of the suit. on the basis of the above pleadings, .....
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..... finding in regard to the negligence of the defendants in managing the electric wire line. the electricity board cannot absolve liability on grounds that accident took place due to illegal act on part of victim in trying to draw power from mainline unauthorisedly when once the death is to be in the context of functioning of board. principle of strict liability ..... suit. 5. on the basis of the above pleadings, following issues came to be filed by the trial court. issues 1. whether the plaintiff proves that because of the negligent act of the defendants the father of the plaintiff basavaraj died and defendants are liable to pay damages of rs.4,00,000/- with 18% interest till realization? 2. whether the .....
Tag this Judgment!Court : Karnataka Dharwad
..... has clearly held that sale transaction made in favour of parameshwarappa is not hit by the provisions of the karnataka schedule castes and schedule tribes (prohibition of certain lands) act, 1978. it is further held that if the sale deeds have been executed by playing fraud and by misrepresenting facts, then jogappa or other executants could have challenged ..... purchasers in the revenue records through proper mutation. as rightly pointed out by the trial court presumption arises under section 133 of the karnataka land revenue act regarding genuineness of the mutation entry, more particularly, based on registered sale deeds executed in accordance with the provisions of indian registration ..... act. suffice to state that first appellate court has adopted right approach to the real state of affairs. it has re-assessed the entire evidence in right .....
Tag this Judgment!Court : Karnataka Dharwad
..... a prima facie case for issuance of summons. however the veracity of the statements of the witnesses can be tested by confronting the previous statements under section 145 of evidence act, to draw an inference whether their evidence is trust worthy for credence or acceptance. therefore, i am of the opinion, merely because these witnesses have earlier stated in favour of ..... , that evidence recorded in the earlier case can as well only be used for the purpose of confronting the same to the witness under section 145 of the indian evidence act and also to consider whether the said witness is trust worthy for acceptance or not. therefore, i am of the opinion, when the private complaint filed in accordance with law .....
Tag this Judgment!Court : Karnataka Dharwad
..... a declaration to strike down the said bye-laws on the ground that the same are ultra-vires of section 28-a of the karnataka co-operative societies act, 1959 ('the act' for short) and also article 243-zh of the constitution of india. petitioners have sought quashing of annexure-a to the extent of including the names ..... the respondents raised a preliminary objection with regard to maintainability of these writ petitions, on the ground that in view of remedy of appeal under section 106 of the act being available, without exhausting the same, the petitioners cannot maintain the writ petitions, i.e.,. as against the impugned bye-law and the consequential action. 3. sri ..... to the petitioners to question the impugned amendments effected to the bye-law of 5th respondent society, vide annexure-b, in an appeal under section 106 of the act. if the appeal is filed on 6.6.2014, accompanied by an application seeking interim orders, the statutory authority-registrar of co-operative societies in karnataka is .....
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..... the petitioners discloses that, after filing of the petition under section 12 of the act, the court has issued notice and the petitioners have also appeared before the trial court and they have to file their counter to the petition filed by the ..... , at the threshold, the petition cannot be quashed and the petitioners in fact have to approach the trial court and file appropriate application showing that there was no act of domestic violence committed by them against the petitioner therein. hence he pleads for dismissal of this petition. 4. the order sheet of the trial court produced by ..... but the apex court has enlarged the definition providing authority to the wife even to include the relatives of her husband, if she is really aggrieved by the illegal acts of those relatives of the husband. secondly, he countered the arguments of the learned counsel by submitting that there are sufficient pleadings in the petition as to how .....
Tag this Judgment!Court : Karnataka Dharwad
..... the petitioners discloses that, after filing of the petition under section 12 of the act, the court has issued notice and the petitioners have also appeared before the trial court and they have to file their counter to the petition filed by the ..... , at the threshold, the petition cannot be quashed and the petitioners in fact have to approach the trial court and file appropriate application showing that there was no act of domestic violence committed by them against the petitioner therein. hence he pleads for dismissal of this petition. 4. the order sheet of the trial court produced by ..... but the apex court has enlarged the definition providing authority to the wife even to include the relatives of her husband, if she is really aggrieved by the illegal acts of those relatives of the husband. secondly, he countered the arguments of the learned counsel by submitting that there are sufficient pleadings in the petition as to how .....
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..... language particularly referring to his caste. therefore, there is no semblance of evidence in order to attract any provisions much less section 3(i) (x) of sc st (poa) act. pw-2 has so far written the complaint narrated about the incident. i would like to discuss his evidence little later. 18. pw-4 is the father of the appellant ..... maintainable. 13. the learned sessions judge also dismissed the said special case no.17/2004 on the ground that after amendment to section 14 to the sc st (poa) act, the special court is the competent court having jurisdiction to take cognizance and the cognizance taken by the learned magistrate was bad in law. but the said observation by the ..... punishable under sections 324, 325, 326, 307, 504, 506(2) r/w 149 of i.p.c. and section 3(i) (viii) of sc/st (prevention of atrocities) act, against the accused persons. thereafter, the magistrate has taken the cognizance and recorded the statements of some of the witnesses on behalf of the complainant, i.e. to say three .....
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..... unable to accept the said contention for the simple reason that putting a lock by the defendant over the lock already put up by the plaintiff would be an act of interference and therefore, the plaintiff was constrained to file a mere suit for the relief of permanent injunction. in the light of non placing any materials regarding ..... that the relationship of landlord and tenant can only be terminated by issuing a proper notice in accordance with section 106 of transfer of property act, if the provisions of the karnataka rent act, 1999 is not applicable. nothing has been placed on record to show that tenancy has been terminated and possession has been taken in accordance ..... passed by the trial court will be in subsistence till plaintiff is dispossessed in accordance with law either by following the provisions of transfer of property act or the provisions of karnataka rent act, 1999, as the case may be. in view of the facts and circumstances of the case, the appeal is allowed with costs. .....
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