Court : Karnataka
Decided on : Mar-03-1989
Reported in : AIR1990Kant175; ILR1990KAR745; 1989(2)KarLJ117
..... suits on behalf of the plaintiff. what is more an agreement for setting-off of the said sum towards defendant's liability under the suit pronote was put forward and acting upon the same the defendant actually tendered the balance of the suit claim due after setting-off of what was due to him. the defendant actually paid court-fee on ..... become a plaint until the sum sought to be set off is ascertained by the court to be legally recoverable by the defendant therefore, the fact that the court-fees act enjoins immediacy in the matter of payment of court-fee has little bearing on the question arising for consideration herein. 21. i may in this connection refer to a decision ..... which event the written statement in such a suit will bear the characteristic of a plaint in a cross suit. 9. in this connection ss. 11 and 14 of the act may be read s. 11(1) stipulates in every suit instituted before any court, the courtshall decide the correctness of the court-feepaid on the plaint before registering the .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-21-1989
Reported in : AIR1990Kant290; 1989(2)KarLJ277
..... provisions of the said s. 27 which were in force prior to the modification by this order shall stand revived but shall not affect the previous operation of the said section as modified by this order.' but for the above notification, the annual general meeting of the bank would have been held on or before 30-9-1988 and in ..... with 'construction where the meaning is plain'. mr. shetty invited my attention to the following observation under the heading 'construction according to intention' :'where the language of an act is clear and explicit, we must give effect to it, whatever may be the consequences, for in that case the words of the statute speak the intention of the legislature ..... to be considered.''.while interpreting s. 28a(4) i have considered the object of the act and the purpose for which ss. 28a(3) and 28a(4) were enacted. keeping the object and purpose of those sections in mind, i have come to the conclusion that a literal interpretation of s. 28a(4) would be doing violence to s. 27 .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-13-1989
Reported in : (1990)82CTR(Kar)247; [1990]182ITR235(KAR); [1990]182ITR235(Karn); 1990(3)KarLJ31; [1990]51TAXMAN175(Kar)
..... loan to a shareholder or a payment on his behalf is assessable as dividend thereof so as to be treated as a distributed dividend for the purpose of section 104 of the act. 7. the calcutta high court in moore avenue properties (p.) ltd. v. cit : [1966]59itr466(cal) , on the basis that fictions have to be treated ..... tax on a total income of rs. 6,27,430. the assessee not having distributed any dividends to its shareholders, the income-tax officer initiated proceedings under section 104 of the act and, on that basis, levied an additional income-tax at 25% of the amount disallowed. the assessee appealed unsuccessfully both to the appellate assistant commissioner and ..... ,800 to be distributed and that is too small an amount compared to the paid-up capital of the assesses company and, as such, the provisions of section 104 of the act are inapplicable. 3. the assessee is a trading company in which the public are not substantially interested. for the assessment year 1975-76, the company was .....
Tag this Judgment!Court : Karnataka
Decided on : May-30-1989
Reported in : ILR1990KAR717; 1989(2)KarLJ245
..... a careful reading of the order passed by the tahsildar under annexure-a on 13-3-1981 persuades me to the inference that it is an order passed under section 5 of the act and it is precisely under the same provision the applications were filed by the vendors of the petitioners for regrant. in the light of the order of regrant ..... was under consideration in the said case was the effect of an order passed under section 7 of the act with reference to the amendment of the act in 1978. in the instant case, we are concerned with the effect of an order passed under section 5 of the act in respect of an application which is anterior to 1978, but disposed of subsequent to ..... precisely state the relevant provision applicable to the facts and circumstances. in the body of the order passed in 1981, three provisions of law have been mentioned and they are sections 5, 6 and 7 of the act. just a casual reading of these three provisions of law would convince any reasonable person that what is contemplated under .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-06-1989
Reported in : ILR1989KAR1981
..... , the landlord had been directed to deliver the tenant, the new premises. it was contended by the landlord that, the tenant had not issued any notice under section 27 of the act and therefore, he was not entitled to seek re-induction to the new premises; the contention of the landlord was upheld by the court of munsiff; however, this ..... , the decree for eviction, incorporating the terms of compromise, was not executable; it was also contended that, the tenant, having failed to issue the notice under section 27 of the act, had no right to seek vacant possession of the new premises.6. the lower court relying on the decision of a learned single judge of this court in ..... tenant) was not interested in getting back possession of 9'8' x 30'8'. the reply, further asserted that, the tenant failed to issue any notice under section 27 of the act within the statutory period, obviously because, he did not want the premises. it was asserted that the landlord occupied the premises on 8-8-1986 and the tenant .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-15-1989
Reported in : ILR1989KAR1052; 1989(3)KarLJ82
order 9 rule 9 - appeal under order 43 rule 1(c) lies not revision even if application disposed of on preliminary point.vide: headnote supra(b) limitation act, 1963 (central act no. 36 of 1963) - section 5 - applying and obtaining certified copies bonafide, sufficient cause for condoning delay. the appellant had in fact applied for certified copy of the order within two days of the pronouncement of the order of dismissal and obtained the same on 21-11-1987. therefore this itself should be construed as sufficient cause for condoning the delay and she must be deemed to have been held bona fide to have waited for obtaining the certified copies. the trial court was therefore not justified in finding that she wanted some how to circum vent the provisions of law particularly of section 12 of the limitation act....the court below was not justified in rejecting the application for condonation of delay and consequently dismissing the petition itself as barred by time.
Tag this Judgment!Court : Karnataka
Decided on : Nov-30-1989
Reported in : 1990ACJ757; AIR1990Kant156; [1990]67CompCas287(Kar); ILR1990KAR16
..... a public place except as a passenger to take a policy of insurance complying with the requirements of the various provisions in chapter viii of the act. section 95 of the act prescribes the requirements of policies and limits of liability. inter alia, it provides that the insurer issuing the policy must insure the person or classes ..... iqbal v. bhimaiah, : air1985kant171 . the relevant paragraph was paragraph 20. it reads:--'20. the scope of enquiry, is no doubt, as contemplated in section 92a of the act, which is reproduced above. it states :'where the death or permanent disablement of any person has resulted from an accident arising out of the use of a ..... died and also injured. the persons claiming to be the legal representatives of the deceased persons filed as many as 24 claim petitions under section 110-a of the motor vehicles act ('the act' for short). in the claim petitions they alleged that the accident occurred due to rash and negligent driving of the vehicle. different amounts .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-12-1989
Reported in : II(1990)ACC455; 1991ACJ453; ILR1990KAR1493
..... of adjudicating upon claims for compensation in respect of accidents involving amongst others, 'damages to any property' of a third party. in the proviso to sub-section (1) of section 110 of the act, the words used are: 'a claim for compensation in respect of damage to property'. we are of the opinion that the word 'damages' or ..... was highly excessive.9. sri chinnappa, the learned counsel for the respondents, per contra, submitted as follows: the expression 'damages to property' used in section 110 of the act includes not only the actual damage caused to the property, but also loss of income directly arising out of the damage to the property. elaborating his submission ..... tribunal for adjudicating claims for compensation on account of death, bodily injury or damage to property arising from accidents. so far as, a reference to section 110-f of the act barring the jurisdiction of the civil court is concerned, we find that it bars the civil court to entertain any question relating to 'any claim .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-06-1989
Reported in : AIR1990Kant192
..... is presented under s, 54(1) of the land acquisition actagainst the judgment and award in landacquisition reference under s. 18 and s. 31(2)of the land acquisition act (the act forshort). 2. the facts of the case in brief are as follow :3 acres 9 guntas of land in sy. no. 104 of ulsoor village was purchased from ..... counsel for the appellant contended that the view taken by the court below that only a person who had interest in the immovable property acquired under the land acquisition act can participate in the proceedings and claim apportionment of the compensation to be determined by the court, was erroneous. he submitted that even though a person may not ..... of the compensation, he referred the matter to the civil judge under s. 31(2) of the act. there was also a reference under s. 18 at the instance of the appellant as well as rcspondent-4 for enhancement of the compensation. section 18 reference was allowed and the compensation was enhanced to rs. 50/- per square yard. the appellant .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-26-1989
Reported in : ILR1989KAR2344
..... to 3(1)(iv) shows that they are different concepts against which the taw aims to strike at. in this regard, we accept the interpretation of section 3(1) of the act, by the calcutta high court, extracted above.22. the detaining authority, has certainly not applied his mind to the statutory provisions and to the facts ..... 'engaging' in the order of detention, by itself, indicates the casual manner in which the detaining authority exercised his mind to arrive at the satisfaction, under section 3(1) of the act.11. para-5 of the grounds of detention shows that, the petitioner had indulged in assisting his brother jayanthilal 'sometimes', - that means, he had been ..... a certified gold dealer, opined the gold to be of foreign origin, having regard to their quality etc.3. in the statement recorded under section 108 of the indian customs act, the petitioner and his co-occupant of the car stated that these gold biscuits were given to shivaji rao padaki through one jayanthilal vimaichand with .....
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