Court : Karnataka
Decided on : Jul-04-1989
Reported in : ILR1989KAR3234
..... , the corporation will take immediate steps to see that any construction which is contrary to law is proceeded against in accordance with the provisions contained in the karnataka municipal corporations act as well as any other law for the timebeing in force within karnataka subject to its decision in matters pending either compounding or post facto sanction for any violation.11 ..... calculating the floor area ratio of the building. it cannot have the effect of defining judicially or otherwise the expression 'basement'. the word 'basement' is not defined in the corporations act or the zonal regulations with which we are concerned and therefore the court must give it the ordinary meaning given to that expression in the english language which is to .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-03-1989
Reported in : AIR1990Kant318; 1990(3)KarLJ182
..... passage at para 14. it reads :'to the second question raised on behalf of the petitioner, the clear answer is contained in sub-section (3) of s. 3 of the revenue recovery act, namely, that the collector of the other district on receiving the certificate issued to him shall proceed to recover the amount stated therein ..... a court in the neighbouring state of andhra pradesh and in this court there is little that can be done for him since under the revenue recovery act amount claimed under the revenue recovery certificate is liable to be treated as sacrosanet, by the person who enforces the demand in the transferee district. added to ..... by the chittoor excise authority not having been made good by the petitioner the collector of chittoor sent a certificate in this behalf purportedly under the revenue recovery act to the deputy commissioner of kolar in whose ordinary jurisdiction the petitioner resides, for recovery and remittance. in turn the deputy commissioner, kolar issued a notice .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-27-1989
Reported in : [1991]71CompCas560(Kar)
..... is no more than authorising the arbitrator to make a person a party to the dispute even though he may not be one of the persons enumerated in section 70 of the act provided such person impleaded has acquired an interest in the property of the co- operative society relatable to the dispute. evidently, the intention of the legislature ..... against payments made by certified cheques or banker's cheques would be considered necessary parties who had acquired interest in the properties of the society. 6. section 117(3)(a) of the act reads as follows: '117 procedure for settlement of disputes and power of the registrar or any other person to whom the dispute is referred for decision ..... preferred this writ petition, inter alia, contending that the tribunal erred in coming to the conclusion that the sugar factories were not necessary parties in terms of section 117(3)(a) of the act. 5. in so far as defendants no. 3 who is respondent no. 3 in this petition is concerned, the finding in his favour is not .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-05-1989
Reported in : [1992]73CompCas556(Kar); 1989(3)KarLJ507
..... third respondent had acquired when undisputedly the co-operative society at the time of arising of the cause of action was subject to his jurisdiction under section 70 of the act. therefore, the tribunal was clearly in error in remanding the matter for fresh adjudication by the joint registrar. that was clearly against the well-established ..... no direct bearing on the facts of this case. but nevertheless the principles enunciated may be applied even to proceedings before an arbitrator under section 70 of the karnataka co-operative societies act. in any event, i am of the firm view that the bye-laws amended during the pendency of the arbitration proceedings before the ..... in the order sheet : 'after hearing mr. v. n. ramanand and having regard to clause (b) of sub-section (1) of section 70 that the credit agency could raise a dispute under section 70 of the act may not be disputed (sic). therefore, the only question which falls for determination as already noticed is whether the assistant .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-19-1989
Reported in : AIR1990Kant117
..... as fixed and specified in a notification in the official gazette under cl. (d) of sub-sec. (3) of s. 74:provided further that where a regional transport authority refuses an application for the grant of a permit of any kind under this act, it shall give to the appellant in writing its reasons for the refusal of the same and ..... the situation that prevailed earlier under the provisions of the repealed act i.e.. motor vehicles act, 1939. the field is left wide open for free competition among the applicants for grant of permit. the limitation for the grant of permit is to be found in the first proviso to sub-sec. (2) of s. 80 and the second proviso envisages ..... the assignment of reasons in the event of refusal. in the instant case, the application for grant of permit made under the provisions of the repealed act, by the petitioner was duly considered by the regional transport authority along .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-21-1989
Reported in : AIR1990Kant121; ILR1989KAR2095; 1989(2)KarLJ131
..... . the findings of the trial court on the question of nuisance appear to be lop-sided. in this regard, it is necessary to refer to section 21(1)(d) of the act which reads thus:--'21. protection of tenants against eviction.-- (1) notwithstanding anything to the contrary contained in any other law or contract, no order or decree for the ..... section 21 (1)(d) of the act is private nuisance of tortious nature. the liability for nuisance is based on the principle that no ..... misdirection of the trial court is that the tenant should be guilty of nuisance or annoyance and that the act complained of must be deliberately or purposely done by the tenant who is sought to be evicted under the provisions of section 21(1)(d) of the act.18. it may be said that the word 'nuisance' or 'annoyance' referred to in .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-03-1989
Reported in : AIR1990Kant196; ILR1989KAR3537; 1990(1)KarLJ123
..... be passed on to the board. the learned counsel for the board pointed out with reference to the contents of the notification issued by the central government under section 25 of the customs act that during the 45 days period from the date of auction concerned, in some of these writ petitions export duty on coffee was exempted. the contention of the ..... granted by the board in the prescribed manner and in the prescribed cases/and the provisions of the sea customs act, 1878, shall have effect as if the provision made by the section had been made by notification issued under section 19 of that act.' xxx xxx xxx '25(3). coffee delivered for inclusion in the surplus pool shall upon delivery to the ..... the rules to make out, that the terms and conditions of auction, were statutory in character. those provisions are:-- (1) of coffee act 'sec. 5. the board shall be a body corporate by the name of the coffee board having perpetual succession and a common seal. with power to acquire and hold property, .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-30-1989
Reported in : II(1990)ACC547; [1990]67CompCas453(Kar); ILR1990KAR1
..... between an insured and an insurer against liability by the latter. if such a contract is in respect of a motor vehicle, sub-section (5) and sub-section (1) (b) of section 95 of the act provide that it must cover any liability which may be incurred by him with respect to death or bodily injury to a third party. ..... be read and what are the defences open to the insurance company. the existence or otherwise of an enforceable insurance contract falls outside the scope of section 96(2) of the act are available to an insurance company, the condition precedent to invoke such defences is the existence of an enforceable insurance policy and an obligation on the ..... without obtaining a fresh insurance policy to protect third party interests and the vendee further did not lodge before the registering authority any information as required under section 31 of the act for purposes of purposes of transfer of registration of the vehicle in his name. in the present case, there is no dispute that the ownership of .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-01-1989
Reported in : ILR1989KAR1328; 1989(2)KarLJ372
..... course of official duty, is authorised to deliver such copies, shall be deemed to have the custody of such documents within the meaning of this section.'section 76 of the evidence act applies to that class of public documents which any person has a right to inspect. in other words, it gives a right to obtain certified copies ..... is based on the common law right in so far it is necessary to protect his right or interest. this common law right is incorporated in section 76 of the evidence act, which reads thus:'every public officer having the custody of a public document, which any person has a right to inspect, shall give that ..... contention on the ground that the selection proceedings are public proceedings recorded by the public authority, therefore the records of those proceedings become public documents under section 74 of the evidence act. therefore, the petitioner is entitled to the copies of the same on payment of necessary fee.8. whether the records of selection proceedingsare public .....
Tag this Judgment!Court : Karnataka
Decided on : May-29-1989
Reported in : ILR1989KAR3363; 1989(2)KarLJ189
..... state in exercise of its power of eminent domain for public purpose. it should be acquired in accordance with law as per the provisions contained in the land acquisition act. article 300a of the constitution ensures and guarantees a right to property and it specifically provides that no person shall be deprived of his property save by authority ..... go into broader aspects as to the effect of omission of clause (f) of article 19(1) and insertion of article 300-a of the constitution (forty-fourth amendment) act, 1978. further the plaintiff is deprived of the property by the state without recourse to law. admittedly, there was no acquisition proceeding. atleast in the court below the ..... any objection is not entitled to seek an order of mandatory injunction or a permanent injunction. if the state is allowed to do such act, it would amount to putting a premium on the illegal act of the state. the action of the state may have a laudable object but it has to be accomplished in accordance with law. .....
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