Judgment Search Results Home > Cases Phrase: enemy property act 1968 Court: karnataka Page 1 of about 5,588 results (0.084 seconds)

N.A. Krishna Reddy and Others Vs. Shanthamma and Others

Court : Karnataka

..... the court below has held joint family status had not been severed, suit schedule property is a joint family property, plaintiffs are in joint possession of the suit property, suit schedule property was granted to the 1st defendant as the karta of the joint family, suit schedule property is not the self-acquired property of the first defendant, joint development agreement is not binding on the shares of the plaintiffs and plaintiffs no.1 to 3 jointly entitled for ..... time of sri venkataswamy reddy @ abbaiah reddy defendant no.1 and other members of the family filed suit against sri venkataswamy reddy in o s no.38/1967 for partition and separate possession in joint family properties and said suit came to be decreed on 19.2.1968 by which right, title and interest of defendant no.1 and other members of the family is already determined with respect of the suit properties of the said suit. ..... no.1 and 4 of the present suit, was not acting in the interest of plaintiffs of that suit which indicated that father of defendant no.1 was not properly managing the joint family properties. ..... after coming into force of inam abolition act, suit land was granted in favour of defendant no.1, since defendant no.1 was the eldest son ..... that suit land was re-granted to the defendant no.1 as per section 6 of mysore (religious and charitable) inam abolition act, 1955. 18. ..... and accordingly occupancy right was regranted in his favour under section 6 of mysore (religious and charitable) inams abolition act, 1955. .....

Malegowda Vs. Mugaiah and ors.

Court : Karnataka

Reported in : AIR1969Kant315; AIR1969Mys315; 1969CriLJ1251

..... members of the second party were entitled to have their names registered as occupants on the basis of their being quasi-permanent tenants.the term, 'quasi-permanent tenant' is defined in section 2(14) of the act as follows:--'quasi-permanent tenant' means a person who has been in continuous possession of any land used for agricultural purposes in an inam by cultivating such land himself with his own stock or by his ..... is as follows:--'many bodies are not courts, although they have to decide questions and in so doing have to act judicially in the sense that the proceedings must be conducted with fairness and impartiality such as assessment committees, guardians committees, the court of referees constituted under the unemployment insurance acts to decide claims made on the insurance funds, the benches of the inns of court when considering the conduct of ..... the magistrate on 11-3-1968, directing the receiver to hand over possession of the disputed property to the members of ..... their lordships noted that the word 'court' was not defined in the contempt of courts act and stated that the expression, 'courts subordinate to the high courts' would prima facie mean the courts of law subordinate to the high courts in the hierarchy of ..... the high court of judicature at patna took the view that the commissioner appointed under act 37 of 1850 was a court, that the court was subordinate to the high court, and that the letter complained against amounted to contempt, consequently, the appellant .....

V. Dhayalan. Vs. Muniswamy and anr.

Court : Karnataka

Reported in : 2010(2)KCCR864; ILR2009KAR4527

..... ammal (d) by l.rs & others-2008 air scw 3583, the apex court has held as under:normally, as a public policy once a suit has been filed pertaining to any subject matter of the property, in order to put an end to such kind of litigation, the principle of lis pendens has been evolved so that the litigation may finally terminate without intervention of a third party. ..... doctrine of lis pendens embodied in this section is intended to strike at attempts by parties to a litigation to circumvent the jurisdiction of a court in which the dispute on rights or interests in immovable property is pending, by private dealings that may remove the subject matter of litigation from the ambit of the power of the court to decide a pending dispute or which may frustrate its decree. ..... that not been the position, then we would have evaluated the effect of section 19 of the specific relief act read with section 52 of the transfer of property act. ..... is bound by the decree just as much as she was a party to the suit as provided in section 52 of the transfer of property act, 1882 (for short t.p.act). ..... held that the second defendant being the general power of attorney holder of the first defendant agreed to sell the suit schedule property in favour of the plaintiff on 2.5.1996 for a consideration of rs.25,000/- and paid rs.20,000/- as advance. ..... he has sought for a substitutional remedy of damages and refund of earnest money of rs.20,000/- as provided in sections 21 and 22 (1) (b) of the specific relief act, 1968. .....

Gopalappa Vs. Secretary to Government of Karnataka

Court : Karnataka

Reported in : ILR1991KAR42; 1990(3)KarLJ351

..... retain the possession and it was for the grantees to file a suit for recovery of possession of the land from the petitioner in which event he could not only rely on section 43 of the transfer of property act but also on section 53a of the transfer of property act which incorporates the doctrine of part performance but in the present case the position is sub-section (3) of section 5 prohibits transfer of lands regranted under section 5(1) for a period of 15 years from the ..... 12559/1987:- the petitioner in this case entered into an agreement on 12-8-1968 with the 2nd respondent for the purchase of 4 1/2 guntas of erstwhile service inam land in ..... 12558/1987:- the petitioner in this petition entered into an agreement on 7-10-1968 with respondents 2 and 3 agreeing to purchase 1 acre and 3 guntas of land in ..... :- the petitioner in this case entered into an agreement with respondents 2 and 3 on 28-9-1968 (annexure-a) for the purchase of 1 acre 3 guntas of land in sy. no. ..... land was also an erstwhile service inam land and agreement was registered on 9-10-1968 before the sub-registrar, malur. ..... there was also another agreement on 3-9-1968 for the sale of the share of respondents 4 and 5 in ..... :- in this case, an agreement was entered into between respondent 2 in favour of the petitioner on 12-8-1968 for the sale of 5 1/4 guntas of land in sy. no. ..... the agreement was registered on 30-10-1968 in the office of the sub- ..... there was a third agreement on 12-8-1968 for the sale of the share of respondent .....

M.K. Balakrishnan S/O A. Govindan, Vs. Government of Karnataka Represe ...

Court : Karnataka

..... next contended by him that as per the provisions of section 2 of the government grants act, 1895, the provisions of the transfer of property act have no application. ..... he refers to the government order dated 2nd november, 1968 produced at annexure-j and invites the attention of the court to clause vii of the said order to contend that the existing race course in the property had been continued on lease for a period of five years or till the new race course is ready whichever is later and the lease amount was stipulated ..... thus, he contends that even prior to 1968 the right that the petitioner had over the property was noticed in the nature of a concession given to enjoy ..... as adverted to by the petitioner in the writ petition would disclose that somewhere during november 1968, the government proposed to shift the race course to jakkur on the outskirts of the city ..... submission is that the nature of the right that the present petitioner has in respect of the property in question atleast as from the date of annexure-j - government order dated 02.11.1968 is that of a lessee and therefore there is no mistake in the mind of the state government in understanding the status of the petitioner vis-a-vis the enjoyment of the property by it. ..... . therefore, the government order dated 02.11.1968 produced at annexure-j stipulating that until shifting of the race course to the new place the existing race course could be continued on lease for a period of five years or till the new race course is .....

M.K.Balakrishnan, S/O A.Govindan and ors Vs. the State Government of K ...

Court : Karnataka

Reported in : ILR2010KAR4091

..... that the petitioner-club shall continue to hold the land on certain conditions such as payment of rent and that it has to make alternate arrangements to shift its activities to any other place.therefore, the government order dated 02.11.1968 produced at annexure-j stipulating that until shifting of the race course to the new place the existing race course could be continued on lease for a period of five years or till the new race course is ready on ..... it is next contended by him that as per the provisions of section 2 of the government grants act, 1895, the provisions of the transfer of property act have no application. ..... thus, be contends that even prior to 1968 the right that the petitioner had over the property was noticed in the nature of a concession given to enjoy the land. ..... 50.000/- per annum.therefore, his submission is that the nature of the right that the present petitioner has in respect of the property in question atleast as fromthe dateof annexure-j-governmentorder dated 02.11.1968 is that of a lessee and therefore there is no mistake in the mind of the state government in understanding the status of the petitioner vis-a-vis the enjoyment of the property by it. ..... 1968 produced at annexure-j and invites the attention of the court to clause vii of the said order to contend that the existing race course in the property had been continued on lease for a period of five years or till the new race course is ready whichever is later and the lease amount was stipulated as rs. .....

Karnataka Board of Wakf, Bangalore Vs. Land Tribunal, Sira Taluk, Tumk ...

Court : Karnataka

Reported in : AIR2000Kant141; ILR1999KAR3319; 1999(5)KarLJ617

..... time to time be required by the board in accordance with the provisions of this act or of any rule or order made thereunder;(c) to allow inspection of wakf properties, accounts and records or deeds and documents relating thereto;(d) to discharge all public dues; and(e) to do any other act which he is lawfully required to do by or under this act'.it makes clear that the mutawalli has to discharge his duties in accordance with the directions ..... day of january, 1971 and approved by the state government, subject to such rules as may be prescribed;(vi) used for the cultivation of linaloe;(vii) held by the coffee board constituted under the coffee act, 1942 (central act 7 of 1942), for purposes of research, development or propaganda;(viii) held by any corporation owned or controlled by the state government or the central government of both:provided that in the case of ..... controlled by the state government or the central government or both an agricultural research institution recognized by the state government or the central government the karnataka bhoodhan yagna board established under the karnataka bhoodhan yagna act, 1963 (karnataka act 34 of 1963);(iv) given as a gallantry award;(iv-a) granted by the state government to a research institution affiliated to a university established by law in india;(v) used for such stud farms as are ..... property in question is notified as wakf property as per gazette notification dated 15-2-1968 ..... wakf lands as per the gazette notification dated 15-2-1968. .....

Union of India Vs. M/S. Property and Finance Private Ltd.

Court : Karnataka

Reported in : AIR1996Kant264; ILR1995KAR2401; 1995(5)KarLJ247

..... that the bond also recites that the custodian of the enemy property had agreed to pay ex gratia payment after preliminary verification, it was urged that the verification done by the custodian of enemy property was preliminary and not final and as the company had given undertaking not to negotiate with the pakistan government for restoration of properties, that should be considered as the act on the part of the company to alter its position. ..... ministry felt that the claim of the respondent-company was duly verified by the custodian of enemy property on the basis of balance-sheet and the case need not have been placed before the ..... the company agreed and declared that the decision of the government of india and/or the custodian of enemy property for india in all matters relating to the correctness of the company's claim is valid and ..... judge further held that determination of ex gratia payment by the custodian of enemy property by order of adjudication dated may 1, 1973 was made on the basis of the book value of the property forfeited and that was not a correct measure to determine the amount payable ..... dispute that nothing further was left to be done by the custodian of enemy property after passing the order dated may 1, 1973 determining the ex gratia amount ..... the resolution sets out that the adjudication will be done by the custodian of enemy property for india, bombay, and return filed on behalf of the respondents makes it clear that such ex gratia payment on the basis of book value .....

Christopher Karkada, Bangalore and Others Vs. Church of South India, R ...

Court : Karnataka

..... the fact that, these properties, which, on the outbreak of the first great war of 1914, were confiscated by the british government as enemy properties and vested in the custodian of enemy property, madras. ..... whether the founder of a trust had power to revoke the same, the court observed as follows (pages 284-85): it is well established that the subsequent acts and conduct of the founder of the trust cannot affect the trust if there has been already a complete dedication (vide krishnaswamy pillai v. ..... this court in the case of padmavathi and another vs raghu tippanna ruge and others [1968(1) mys.l.j 583], relying on the passages in shivramdas vs nerukar [39 bom lr 633], held that, a trust is not complete until the trust property is vested in trustees for the benefit of the cestui que trust. ..... no.7 in the suit set out above clearly shows that defendant no.27-ubmci, did not cease to exist from 24.06.1968 as contended and if it all, it ceased to exist from 1988, after the judgment in the supreme court ..... by order dated 15.11.1968, an order of temporary injunction was granted restraining the defendant in the said suit from implementing the impugned resolution and also from transferring the properties, assets institutions and activities of the ubmc to csi-during the ..... its order dated 20.1.1988 held that the resolution dated 9.5.1961 of the ubmci to merge with csi was valid and was pleased to observe that on 24.6.1968 the synod of ubmci granted permission for merger and stood dissolved. .....

Property and Finance Private Ltd. Vs. Union of India (Uoi)

Court : Karnataka

Reported in : ILR1991KAR315

..... the indemnity bond vide annexure-c:-'if and when any settlement is reached between the government of india and the government of pakistan in respect of the assets and properties and/or business belonging to the nationals of either country seized or taken over by the respective government under its own 'enemy property' regulations during and after the 1965 indo-pakistan conflict, the amount of the adhoc interim relief hereby agreed to be paid to the obligor shall be ..... basis of findings of the panel duly constituted in terms of interministerial meeting held on 4.10.1973 is violative of principle of promissory estoppel inasmuch as the resolution dated 15.3.1971 (annexure a) as modified operates as an estoppel against the state from acting in any manner contrary to it because the said resolution holds out the promise to the petitioners that payment would be on the basis of market value.further contention is that there is discrimination against the petitioners in paying the ..... existence of a regular practice of consultation which the appellants could reasonably expect to continue gave rise to an implied limitation on the minister's exercise of the power contained in article 4 of the 1982 order, namely an obligation to act fairly by consulting the gchq staff before withdrawing the benefit of trade union membership. ..... and secondary evidence are not available, oral evidence under the evidence act, 1872 from persons who claim to have knowledge of existence of properties claimed can be taken. .....