Court : Karnataka Kalaburagi
..... as evidence of any transaction affecting such property or conferring such power, unless it has been registered: provided that an unregistered document affecting immovable property and required by this act or the transfer of property act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under chapter ii of the specific relief act, 1877 (1 of 1877) or as evidence of any collateral transaction not required to be effected by registered instrument.21. ..... held that an unregistered unstamped sale deed cannot be looked into for collateral purposes and the apex court has given its deliberate consideration to section 35 of the stamp act and the effect of non-registration under section 49 and has given a deliberate consideration by holding that under law, when a sale deed is not properly stamped and ..... nand [(1945-46) 73 ia28: air1946pc51 their lordships of the privy council held that the words for any purpose in section 35 of the stamp act should be given their natural meaning and effect and would include a collateral purpose and that an unstamped partition deed cannot be used to corroborate ..... terms of articles 142 and 144 of the limitation act, 1908, the burden of proof was on the plaintiff to show within 12 years from the date of institution of the suit that he had title and possession of the land, whereas in terms of articles 64 and 65 of the limitation act, 1963, the legal position has underwent complete change insofar as .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... , if an infant seeks to enforce a contract for sale of immoveable property, the court of equity will refuse to grant specific performance as it could not enforce any engagement entered into by the minor and there would thus be a want of mutuality (mir sarwarjan ..... that apart there was also a proceeding before the sub-divisional magistrate under the karnataka debt relief act, 1976 wherein on enquiry of the mortgage transaction, the defendant therein was absolved from payment ..... the transfer of an interest in specific immoveable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability. ..... subjected to any obligation or burden of performance of any reciprocal promises. ..... the position in law, thus, under the transfer of property act read with the indian contract act is that "the acquisition of property being generally beneficial, a child can take property in any manner whatsoever either under intestacy or by will or by purchase or gift or other assurance inter vivos, except where it is clearly to his ..... bare perusal of the aforesaid provisions of section 7 of the transfer of property act makes it clear that it refers only to the competency of a transferor of a property to enter into contract, and not with regard to ..... iv) ouseph varghese vs joseph aley & ors.1969 (2) scc539 v) k.simrathmull vs s.nanjalingiah gowder 1963 air1182 1962 scr supo. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... - for the purpose of this rule an obligation and a collateral security for its performance and successive claims arising under the same obligation shall be deemed respectively to constitute but ..... i have already noted that, even excluding the application filed under section 14, of the limitation act, there is no bar to file fresh suit on the different cause of action at any ..... well recognized principle under the karnataka land reforms act of 1974 that the tenancy rights are heritable rights and as soon as the land reforms act came into existence, the land vests with ..... the mode recognized under section 25 of the karnataka land reforms act 1961, is that the property can only be surrendered with the previous ..... on careful perusal of section 25 of the karnataka land reforms act, which says that the tenancy rights have been surrendered with previous permission of 57 the court only and no revenue officer including tahasildar have got any power to accept any ..... so far as it relates to application of section 14 of the indian limitation act is concerned, under what circumstances the court can exclude the time spent in another court having no jurisdiction to deal with ..... court has observed that while enacting articles 58 of 1963 the legislature has designedly made a departure from article 120 of the 1908 act. ..... in accordance with law by the said sri shivappa and the said alleged surrender is contrary to section 25 of the karnataka land reforms act, having got revenue entries changed clandestinely. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... reported in 1975 air813wherein the apex court while considering the scope of section 17(1)(c) of the limitation act 1963 with reference to payments paid under a mistake, the period of limitation does not remain to run until the party ..... court and while so, holding, the learned judge has also referred to the provisions of sub-section (2) of section 56 of the electricity act and held that the bescom ought to have recovered the dues within two years from coming into force of the electricity act 2003, that is this court held that dues of erstwhile keb ought to have been recovered within the two years from the date of ..... the relevant paragraph reads as under :- section 17(1)(c) of the limitation act, 1963, provides that in the case of a suit for relief on the ground of mistake, the period of limitation does not begin to run until the plaintiff has discovered the mistake or could, with reasonable ..... been placed above on the expression sum due has also been accepted in a judgment of a learned single judge of the delhi high court in h.d.shourie s case. mr. ..... delhi and anohter (a.i.r.1967 delhi- ..... delhi high court had an occasion to consider whether the bill for consumption of electricity can be sent even three years after the electricity has been consumed and the delhi high court has ruled that even after two years also a ..... rendered by following the judgment of delhi high court in h.d. ..... while the question as to when the electricity charges become payable, it has been held thus: considering delhi 11. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... had been subjected to intense cross-examination attacking his bona fides particularly, about suspension from his job and of facing criminal action under the prevention of corruption act, 1988 and he was accused of implicating accused no.5 with ulterior motives of false allegations, but according to the court below, he had withstood the cross ..... one school of thought on this score propagates the function of the law court is that of a social reformer and as such in its endeavour to act as such, the question of deterring punishment would not arise since the society would otherwise be further prone to such violent acts or activities by reason of the fact that with the advancement of the age the mental frame of boys of tender age also go on changing and in the event of any arrogance ..... it should be borne in mind that before the amendment of section 367(5) of the old code, by the criminal procedure code (amendment) act, 1955 (26 of 1955) which came into force on 1.1.1956, on a conviction for an offence punishable with death, if the court sentenced the accused to any punishment other than death, the reason why ..... sections 120-b, 396, 397 and 302 read with 34 of indian penal code, 1860 and 201 read with 34 indian penal code, 1860 and under section 98 of karnataka police act, 1963. ..... of nct of delhi) it has been observed by this court that the principles of sentencing in our country are fairly well settled the difficulty is not in identifying such principles but ..... state (delhi administration) .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... said officer had been subjected to intense cross-examination attacking his bona fides particularly, about suspension from his job and of facing criminal action under the prevention of corruption act, 1988 and he was accused of implicating accused no.5 with ulterior motives of false allegations, but according to the court below, he had withstood the cross-examination. ..... one school of thought on this score propagates the function of the law court is that of a social reformer and as such in its endeavour to act as such, the question of deterring punishment would not arise since the society would otherwise be further prone to such violent acts or activities by reason of the fact that with the advancement of the age the mental frame of boys of tender age also go on changing and in the event of any arrogance being developed or a ..... the accused/appellant punishable under sections 120-b, 396, 397 and 302 read with 34 of indian penal code, 1860 and 201 read with 34 indian penal code, 1860 and under section 98 of karnataka police act, 1963. ..... of nct of delhi) it has been observed by this court that the principles of sentencing in our country are fairly well settled the difficulty is not in identifying such principles but lies in the application ..... state (delhi administration) (1988) 3 scc609 it is clear from the above decisions that on conviction under section 302 ipc, the normal rule is to award punishment of life imprisonment and the punishment of death should be resorted to only for the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the limitation act, 1963, speaks about limitation within which a suit for specific performance has to be ..... was entered into are such that the contract, though not voidable, gives the plaintiff an unfair advantage over the defendant; or (b) where the performance of the contract would involve some hardship on the defendant which he did not foresee, whereas its non-performance would involve no such hardship on the plaintiff; or (c) where the defendant entered into the contract under circumstances which though 16 not rendering ..... in this chapter, the specific performance of any contract, may in the discretion of the court, be enforced - (a) when there exists no standard for ascertaining actual damage caused by the non-performance of the act agreed to be done; or (b) when the act agreed to be done is such that compensation in money for its non- performance would not afford adequate relief.20. ..... section 16(c) of the specific relief act mandates that a person has to not only prove that he has been ready and willing to perform his part of the contract, but also to ..... to page no.458 in chapter xxii wherein it is held thus: a contract may be originally conditional, and contingent upon the performance of some act or the happening of some event. ..... sreevatsa, learned senior counsel representing the appellant is that no substantial question of law has been framed in regard to inhibition found in section 32 of the contract act to enforce the relief of specific performance based on a contingent contract. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... of the limitation act, 1963, speaks about limitation within which a suit for specific performance has to be ..... was entered into are such that the contract, though not voidable, gives the plaintiff an unfair advantage over the defendant; or (b) where the performance of the contract would involve some hardship on the defendant which he did not foresee, whereas its non-performance would involve no such hardship on the plaintiff; or (c) where the defendant entered into the contract under circumstances which though not rendering the ..... provided in this chapter, the specific performance of any contract, may in the discretion of the court, be enforced- (a) when there exists no standard for ascertaining actual damage caused by the non-performance of the act agreed to be done; or (b) when the act agreed to be done is such that compensation in money for its non-performance would not afford adequate relief. 20. ..... section 16(c) of the specific relief act mandates that a person has to not only prove that he has been ready and willing to perform his part of the contract, but also to ..... attention to page no.458 in chapter xxii wherein it is held thus: a contract may be originally conditional, and contingent upon the performance of some act or the happening of some event. ..... counsel representing the appellant is that no substantial question of law has been framed in regard to inhibition found in section 32 of the contract act to enforce the relief of specific performance based on a contingent contract. .....
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