Court : Karnataka
..... in the affidavit of the authorized signatory of the first defendant, it is specifically mentioned that defendant is a performing right society set up under the provisions of chapter v of the copyright act, 1957 dealing with copyright society since 1969.13. ..... per contra, sri dhyan chinnappa, learned senior counsel representing the respondents contended that when once a suit has been filed by the defendant before the high court at delhi, seeking action against the appellant/plaintiff, the question of continuation of suit at bengaluru would not arise at all.24. ..... further, it is always open for the plaintiff to have its defence filed before the high court at delhi and get the suit decided on the merits of the matter and scope of the present appeal would not permit to address the rival contentions with regard to merits of the matter. ..... learned counsel further pointed out that the suit filed by the plaintiff ought to have been disposed of on merits, inasmuch as the suit said to have been filed by the defendant before the high court at delhi did not act as deterrent in continuation of the suit before the court at bengaluru. ..... )no.616/2013 is filed before the high court of delhi on 02.04.2013 against plaintiff for infringement of copyright and therefore, suit of the plaintiff became infructuous, in view of filing of duly constituted suit before the appropriate forum under the provisions of section 60 of the copyright act, 1957 and therefore, sought for dismissal of the plaint.15. .....
Tag this Judgment!Court : Karnataka Dharwad
..... in our opinion, the first aspect to be attended to is as to whether only because of failure on the part of the transferee to bring a suit for specific performance of the contract within the period of limitation prescribed therefore under the limitation act, 1963 leads to extinction of his statutory right created by the legislature by incorporating section 53a in the act. ..... signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty, and the transferee has, in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract, then, notwithstanding that 10[***]. ..... it is quite clear to us that notwithstanding the fact that a transferee in possession pursuant to a contract of sale fails to file a suit for specific performance within the prescribed period of limitation, still in law, the contract remains valid and operative entitling him to exert his right to retain the possession over the property in exercise of his statutory right conferred by section 53a of the act by way of defence in a suit brought against his by his transferor for recovery of possession.39. .....
Tag this Judgment!Court : Karnataka
..... definition of "easement" in section 2 shall not apply to cases arising in the territories to which the indian easements act, 1882, may for the time being extend.6.1 the limitation act of 1963 is a complete code providing for limitation of suits and other proceedings and for all purposes connected therewith ..... case and evidence produced by the parties, comes to the conclusion that any of the measures referred to in sub-section (4) of section 13, taken by the secured creditor are not in accordance with the provisions of this act and the rules made thereunder, and require restoration of the management or restoration of possession, of the secured assets to the borrower, or other aggrieved person, it may by order, - [(a) declare the recourse to any ..... apex court, there was a delay of 565 days in preferring an appeal before the high court under section 37 of the arbitration and conciliation act, 1996, which was condoned by the high court on an application filed under section 5 of the limitation act and the apex court came to the conclusion that in the facts and circumstances obtaining in the said case, the high court was not ..... of slp (c) no.38436 of 2012 has been preferred directly from the order of the debts recovery appellate tribunal, delhi passed by the said tribunal relying upon the judgment of the madhya pradesh high court in seth banshidhar kedia rice ..... and the matter is remanded to the debts recovery appellate tribunal, delhi for being dealt with afresh in accordance with law.17. .....
Tag this Judgment!Court : Karnataka
..... is not every offence committed by a public servant that requires sanction for prosecution under section 197(1) of the code of criminal procedure; nor even every act done by him while he is actually engaged in the performance of his official duties; but if the act complained of is directly concerned with his official duties so that, if questioned, it could be claimed to have been done by virtue of the office, ..... is not every offence committed by a public servant that requires sanction for prosecution under section 197(1) of the code of criminal procedure; nor even every act done by him while he is actually engaged in the performance of his official duties; but if the act complained of is directly concerned with his official duties so that, if questioned, it could be claimed to have been done by virtue of the office ..... :- order the petitioners 1 to 7 are before this court calling in question an order dated 30-05-2024 passed by the xxiii additional city civil & sessions judge & special judge (prevention of corruption act), 5 bengaluru in p.c.r.no.11 of 2024, by which the special judge takes cognizance of the offences punishable under sections 167, 219, 384, 448, 465, 466, 468, 469, 471, 506, ..... air1963sc849: (1963) 1 cri lj814 cited by mr poovayya, a three-judge bench of this court had, in the context of section 161 of the bombay police act, 1951, which is similar to section 170 of the karnataka police act, interpreted the phrase under colour of duty to mean acts done under the ..... repealed .....
Tag this Judgment!Court : Karnataka
..... made in paragraph no.9 wherein judgment of the apex court has been discussed in case of parakunnan veetil joseph s son mathew v/s nedumbara kurvila s son and others wherein extracted 24 section 20 of the specific relief act, 1963 and also brought to notice of this court paragraph no.11 that the material which has been placed on record indicates that the terms of the contract, the conduct of parties at the time of entering into the agreement ..... the plaintiff further proves that defendants received rs.2,00,000/- from the plaintiff as earnest money and executed registered agreement of sale on 28.05.2012?.3) whether the plaintiff proves that he is always ready and willing to perform his part of contract?.4) whether the defendant further proves that, the plaintiff is professional moneylender?.5) whether the defendants further prove that, they have borrowed rs.2,00,000/- and executed agreement of sale security?.6) whether the ..... the sale of the property and received earnest money of rs.2,00,000/- and balance was payable at the time of registration and also comes to the conclusion that he is always ready and willing to perform his part of contract and answered the issue nos.1 to 3 as affirmative and the defense of the defendant has not been accepted and ordered for the relief of specific ..... the witness pw3 who has been examined on behalf of plaintiff for the relief of specific performance has categorically admitted in the cross-examination that the property will be sold more than the market .....
Tag this Judgment!Court : Karnataka
..... -plaintiff had proved her readiness and willingness to perform her obligations under the contract as envisaged under section 16(c) of the specific relief act, 1963 which mandates that - 23 - nc:2024:khc:20988-db rfa no.6 of 2013 plaintiff must plead and prove that he/she had performed or has always been ready and willing to perform the essential terms of the contract which were to be performed by her other than those terms, the performance of which has been prevented or waived by the defendant ..... on reading the aforesaid provision under the act, section 16 (c) of the specific relief act, 1963 bars the relief of specific performance of a contract in favour of a person who fails to aver and prove his or her readiness and willingness to perform his part of contract. ..... thus, the plaintiff was never ever ready and willing to perform her part of contract and thereby, suit of the plaintiff is bad for want of compliance of provisions of section 16(c) of specific relief act, 1963 (in short `the act'). .....
Tag this Judgment!Court : Karnataka
..... , held that a law requiring able-bodied men to perform a reasonable amount on public roads was not in violation of the thirteenth amendment of the us constitution, which prohibits involuntary servitude; the court reasoned that every individual owed certain duties to the state, such as services in the ..... state of maharashtra, (1964) 1 scr926: air1963sc1531: (1963) 2 cri lj418 , this court found that sections 129-a and 129-b did not repeal in its entirety an existing law contained in section 510 of the code of criminal procedure in its application to offences under section 66 of the bombay 191 prohibition act ..... union of india ministry of health and family welfare near udyog bhawan metro station, maulana azad road new delhi, delhi 110 011 represented by secretary to the government. 2 . ..... of india, ministry of health and family welfare near udyog bhawan metro station maulana azad road new delhi delhi - 110 011. ..... union of india, ministry of health and family welfare, near udyog bhawan metro station, maulana azad road, new delhi, delhi 110 011. ..... hon'ble supreme court in delhi development authority v. ..... tickoo address: a37, pandara road new delhi - 110 003. ..... medical council (nmc) head office, pocket-14, sector-8, dwarka, new delhi - 110 077. ..... medical council (nmc) head office, pocket-14, sector-8, dwarka, new delhi 110 077. ..... medical council (nme) 11 head office, pocket14 sector - 8 dwarka, new delhi 110 077. ..... flat no.402, block c1c samridhi apartment sector18, dwarka new delhi 110 078. 35 . dr. .....
Tag this Judgment!Court : Karnataka
..... , held that a law requiring able-bodied men to perform a reasonable amount on public roads was not in violation of the thirteenth amendment of the us constitution, which prohibits involuntary servitude; the court reasoned that every individual owed certain duties to the state, such as services in the ..... state of maharashtra, (1964) 1 scr926: air1963sc1531: (1963) 2 cri lj418 , this court found that sections 129-a and 129-b did not repeal in its entirety an existing law contained in section 510 of the code of criminal procedure in its application to offences under section 66 of the bombay 191 prohibition act ..... union of india ministry of health and family welfare near udyog bhawan metro station, maulana azad road new delhi, delhi 110 011 represented by secretary to the government. 2 . ..... of india, ministry of health and family welfare near udyog bhawan metro station maulana azad road new delhi delhi - 110 011. ..... union of india, ministry of health and family welfare, near udyog bhawan metro station, maulana azad road, new delhi, delhi 110 011. ..... hon'ble supreme court in delhi development authority v. ..... tickoo address: a37, pandara road new delhi - 110 003. ..... medical council (nmc) head office, pocket-14, sector-8, dwarka, new delhi - 110 077. ..... medical council (nmc) head office, pocket-14, sector-8, dwarka, new delhi 110 077. ..... medical council (nme) 11 head office, pocket14 sector - 8 dwarka, new delhi 110 077. ..... flat no.402, block c1c samridhi apartment sector18, dwarka new delhi 110 078. 35 . dr. .....
Tag this Judgment!Court : Karnataka
..... , held that a law requiring able-bodied men to perform a reasonable amount on public roads was not in violation of the thirteenth amendment of the us constitution, which prohibits involuntary servitude; the court reasoned that every individual owed certain duties to the state, such as services in the ..... state of maharashtra, (1964) 1 scr926: air1963sc1531: (1963) 2 cri lj418 , this court found that sections 129-a and 129-b did not repeal in its entirety an existing law contained in section 510 of the code of criminal procedure in its application to offences under section 66 of the bombay 191 prohibition act ..... union of india ministry of health and family welfare near udyog bhawan metro station, maulana azad road new delhi, delhi 110 011 represented by secretary to the government. 2 . ..... of india, ministry of health and family welfare near udyog bhawan metro station maulana azad road new delhi delhi - 110 011. ..... union of india, ministry of health and family welfare, near udyog bhawan metro station, maulana azad road, new delhi, delhi 110 011. ..... hon'ble supreme court in delhi development authority v. ..... tickoo address: a37, pandara road new delhi - 110 003. ..... medical council (nmc) head office, pocket-14, sector-8, dwarka, new delhi - 110 077. ..... medical council (nmc) head office, pocket-14, sector-8, dwarka, new delhi 110 077. ..... medical council (nme) 11 head office, pocket14 sector - 8 dwarka, new delhi 110 077. ..... flat no.402, block c1c samridhi apartment sector18, dwarka new delhi 110 078. 35 . dr. .....
Tag this Judgment!Court : Karnataka
..... , held that a law requiring able-bodied men to perform a reasonable amount on public roads was not in violation of the thirteenth amendment of the us constitution, which prohibits involuntary servitude; the court reasoned that every individual owed certain duties to the state, such as services in the ..... state of maharashtra, (1964) 1 scr926: air1963sc1531: (1963) 2 cri lj418 , this court found that sections 129-a and 129-b did not repeal in its entirety an existing law contained in section 510 of the code of criminal procedure in its application to offences under section 66 of the bombay 191 prohibition act ..... union of india ministry of health and family welfare near udyog bhawan metro station, maulana azad road new delhi, delhi 110 011 represented by secretary to the government. 2 . ..... of india, ministry of health and family welfare near udyog bhawan metro station maulana azad road new delhi delhi - 110 011. ..... union of india, ministry of health and family welfare, near udyog bhawan metro station, maulana azad road, new delhi, delhi 110 011. ..... hon'ble supreme court in delhi development authority v. ..... tickoo address: a37, pandara road new delhi - 110 003. ..... medical council (nmc) head office, pocket-14, sector-8, dwarka, new delhi - 110 077. ..... medical council (nmc) head office, pocket-14, sector-8, dwarka, new delhi 110 077. ..... medical council (nme) 11 head office, pocket14 sector - 8 dwarka, new delhi 110 077. ..... flat no.402, block c1c samridhi apartment sector18, dwarka new delhi 110 078. 35 . dr. .....
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