Court : Karnataka Dharwad
..... constitutionally recognized right and also human right. every land owner has a right to approach the reference court seeking enhancement of compensation under section 18 of the act. in the instant case, power of attorney holder of the interested person/land owner sought reference as provided under law and the reference court without appreciating ..... reference, which clearly demonstrates that the land owner sri.manappa ramappa lamani has authorized sri.santosh s.nayak to seek the reference under section 18 of the act. the contrary findings recorded by the reference court is not only perverse but against the settled principles of law.9. the law of procedure is meant ..... applying his mind entertained the - 3 - nc:2024. khc-d:6130 mfa no.102510 of 2016 reference petition under section 18 of the land acquisition act, 1894 [for short, the act ]. and makes reference. the reference court is required to look into the merits of the case and determine the entitlement of higher compensation, however, it .....
Tag this Judgment!Court : Karnataka Dharwad
..... obliterates the distinction between quasi-judicial and administrative function. moreover, with the growth of the administrative law, the old distinction between a judicial act and an administrative act has withered away. therefore, it hardly needs reiteration that even a purely administrative order which entails civil consequences, must be consistent with the ..... a number of occasions. in olga tellis v. bombay municipal corporation* while dealing with the provisions of section 314 of the bombay municipal corporation act, 1888, which confers discretion on the commissioner to get any encroachment removed with or without notice, a constitution bench of this court observed as ..... and circumstances of that case, the frame-work of the statute under which the enquiry is held. the old distinction between a judicial act and an administrative act has withered away. even an administrative order which involves civil consequences must be consistent with the rules of natural justice. the expression ' .....
Tag this Judgment!Court : Karnataka Dharwad
..... obliterates the distinction between quasi-judicial and administrative function. moreover, with the growth of the administrative law, the old distinction between a judicial act and an administrative act has withered away. therefore, it hardly needs reiteration that even a purely administrative order which entails civil consequences, must be consistent with the ..... a number of occasions. in olga tellis v. bombay municipal corporation* while dealing with the provisions of section 314 of the bombay municipal corporation act, 1888, which confers discretion on the commissioner to get any encroachment removed with or without notice, a constitution bench of this court observed as ..... and circumstances of that case, the frame-work of the statute under which the enquiry is held. the old distinction between a judicial act and an administrative act has withered away. even an administrative order which involves civil consequences must be consistent with the rules of natural justice. the expression ' .....
Tag this Judgment!Court : Karnataka Dharwad
..... purchasers. under these circumstances, it is clear that the expression any private markets contemplated under the 4th proviso to section 65(2) of the said act of 1966 includes both private market yards and direct purchasers / direct purchase centers and failure to appreciate this by the learned single judge has resulted ..... agricultural marketing. the director of agricultural marketing after inspection and enquiry as are considered necessary and shall by a notification issued under section 6 of the act declare the private market yard for the regulation of marketing of notified agricultural produce specified in the notification. (8) after the issue of notification under ..... agricultural produce directly from an agriculturist; or (c) establish a farmer consumer market; unless he possess a valid licence issued under the provisions of this act or rules made thereunder. (2) subject to such conditions and such fees as may be prescribed the director of agricultural marketing or any other officer .....
Tag this Judgment!Court : Karnataka Dharwad
..... obliterates the distinction between quasi-judicial and administrative function. moreover, with the growth of the administrative law, the old distinction between a judicial act and an administrative act has withered away. therefore, it hardly needs reiteration that even a purely administrative order which entails civil consequences, must be consistent with the ..... a number of occasions. in olga tellis v. bombay municipal corporation* while dealing with the provisions of section 314 of the bombay municipal corporation act, 1888, which confers discretion on the commissioner to get any encroachment removed with or without notice, a constitution bench of this court observed as ..... and circumstances of that case, the frame-work of the statute under which the enquiry is held. the old distinction between a judicial act and an administrative act has withered away. even an administrative order which involves civil consequences must be consistent with the rules of natural justice. the expression ' .....
Tag this Judgment!Court : Karnataka Dharwad
..... purchasers. under these circumstances, it is clear that the expression any private markets contemplated under the 4th proviso to section 65(2) of the said act of 1966 includes both private market yards and direct purchasers / direct purchase centers and failure to appreciate this by the learned single judge has resulted ..... agricultural marketing. the director of agricultural marketing after inspection and enquiry as are considered necessary and shall by a notification issued under section 6 of the act declare the private market yard for the regulation of marketing of notified agricultural produce specified in the notification. (8) after the issue of notification under ..... agricultural produce directly from an agriculturist; or (c) establish a farmer consumer market; unless he possess a valid licence issued under the provisions of this act or rules made thereunder. (2) subject to such conditions and such fees as may be prescribed the director of agricultural marketing or any other officer .....
Tag this Judgment!Court : Karnataka Dharwad
..... to 20.12.2004, since they are saved by the proviso to sub-section (1) of the section 6 of the hindu succession act, 1956 as amended. any dispossession or alienation made prior to 20.12.2004 cannot be called into question even after judgement of the ..... vineeta sharam s case (supra) would have to be applied taking into consideration the statutory requirements of section 6 of the hindu succession act. 16.22. in the present case the sale of 3 acres 33 guntas having occurred by a registered sale deed prior to amendment coming ..... said section shall effect any dispossession or alienation made before 20.12.2004. 16.14. prior to the amendment of section 6 of the act, a women did not have an individual right to the property and it was only the sons who had a share. 16.15. ..... the year 1982 by way of a registered sale deed prior to the amendment of section 6 of the hindu succession act, 1956 as amended in the year 2005 coming into force, the said transaction is thus saved by proviso to sub- section (1) .....
Tag this Judgment!Court : Karnataka Dharwad
..... arbitral award. only then, the petitioner-state against whom the arbitral awards were passed raised objection under section 47, cpc. section 5 of the arbitration act clearly provides that notwithstanding anything contained in any other law for the time being in force, in matters governed by this part, no judicial authority shall ..... other law for the time being in force, the micro and small enterprises facilitation council or the centre providing alternate dispute resolution services shall have jurisdiction to act as an arbitrator or conciliator under this section in a dispute between the supplier located within its jurisdiction and a buyer located anywhere in india. (5) ..... of the conciliation 7 proceedings issued by the council. hence, the petitioner cannot be permitted to raise the question regarding want of jurisdiction of msmed act of 2006 before the executing court. v) that the executing court was perfectly justified in dismissing the application filed by the petitioner and the present .....
Tag this Judgment!Court : Karnataka Dharwad
..... road, hubli-580030. respondents (by sri. suresh s. gundi, adv for r2; notice to r1 dispensed with) this miscellaneous first appeal is filed u/s.173(1) of motor vehicles act, praying to enhance the compensation by modifying the judgment and award passed in m.v.c no.1376/2019, on the file of ii additional senior civil judge and aditional .....
Tag this Judgment!Court : Karnataka Dharwad
..... . determination of just compensation depends on the various factors by applying principles of fairness and reasonableness and applying equitable methods. the award of compensation under the mv act cannot on the basis on the arithmetical precision. the courts and tribunals are required to award just and fair compensation to the dependents of the deceased, based ..... the hon ble apex court in the case of national insurance company ltd., v/s. pranay sethi and ors., reported in air2017sc5157 17. section 166 of the mv act provides for filing of an application for compensation. the relevant portion of the said section is as under: 166. application for compensation.- (1) an application for ..... . this court is of the considered view that the daughter-in-law, who is financially dependent on the father- in-law, is the dependent under the mv act and she is entitled to claim compensation under the head of loss of dependency. this court is saying so keeping in mind that in indian family system, brothers .....
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