Court : Karnataka Kalaburagi
..... the suit or other proceedings. 13 15 the apex court in the case shiva shakti (supra) dealing with maintainability of revision petition after the amendment to section 115 under act 46 of 1999 with effect from 01.07.2002 has held that a question needs to be asked if whether the order in favour of the party ..... a jurisdiction not vested in it by law; or b) failed to exercise a jurisdiction so vested, or c) acted in the exercise of its jurisdiction illegally or with material irregularity.12. therefore sub-section (1) of section 115 refers only to a case decided by any subordinate court in which no appeals lies thereto. proviso to sub ..... and the litigants would not be prejudiced in any way if the entire section is deleted. the joint committee of parliament discussed these recommendations and only thought it proper to make certain modifications in the section. that led to amendment of section 115 by the old amendment act. the deliberations of the committee are reflected in the following words; "the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... objection raised regarding jurisdiction of this court to entertain pleas of constitutional invalidity of the impugned notification based on article 243-zg, section 21(1a) of the municipal act, section 13(1a) of the corporation act, in our considered opinion, in view of the pronouncement of the supreme court in the case of l. chandra kumar v. ..... 11. the meaning of the principle of rotation in the context of the above referred proviso to sub-section (1a) of section 10 of the municipal corporations act and the proviso to sub-section (2a) of section 42 of the municipalities act needs to be stated to answer the question raised in these writ petitions. it is also submitted by ..... government to interfere with the conduct of elections already notified by issue of calendar of events and in exercise of its powers under section 39a(4) read with section 121 of the act held that these statutory provisions do not empower the state government to postpone the elections which are already notified by issue of .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... of the gift and its revocability.13. a minor in law suffers from certain specified disabilities. a minor is not competent to enter into a contract. section 11 of the contract act states :-"11. who are competent to contract.-. every person is competent to contract who is of the age of majority according to the law to which ..... only to the competency of a transferor of a property to enter into contract, and not with regard to competency of a transferee. perusal of the section 11 of the contract act refers to competency of persons to enter into a contract and there is no distinction of any nature.19. a division bench of allahabad high court in ..... discussion and the proposition of law laid down in the judgments referred to above, it becomes clear that the policy behind prescribing age of majority under section 11 of the indian contract act is to safeguard/protect the rights of a minor. while there cannot be any impediment in a minor being beneficiary/recipient under a contract. transaction/ .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... lodged a complaint with netajinagar police station, raichur district, on 01.10.2018 which was registered in crime no.110/2018 for the offence punishable under section 420 r/w section 34 of ipc against girish ramdas banare and manager of pragati krishna grameen bank. 4 gist of the complaint averments reveal that the mother of the complainant ..... case that the petitioners are the beneficiaries of the wrongful gain. nor any wrongful loss has occurred to the complainant by an act which is attributable to the petitioners herein. to make out a case under section 420 of ipc, wrongful loss occurred to the complainant and wrongful gain made by the accused persons is a sine qua non ..... . in the case on hand, petitioners have simply adhered to the mandate issued by the accountholder smt. kamala on 27.11.2013 as dutiful bank officials.20. merely acting on the mandate .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... -586101. respondents (by smt. preeti patil melkundi, advocate for r2; notice to r1 dispensed with v/o dtd. 25.01.2023) this miscellaneous first appeal is filed under section 173(1) of mv act, praying to call for records and modify the impugned judgment and award dated 16.11.2018 passed by the iii addl. senior civil judge & mact no.xii, vijaypur in ..... . respondents (by sri.basavaraj r.math, advocate for r1 to r4; appeal against r5 is dismissed v/o dtd.20.02.2021) this miscellaneous first appeal is filed under section 173(1) of mv act, praying to set aside the judgment and award dated 16.11.2018 in mvc no.1772/2016 passed by the iii addl. senior civil judge & mact-xii vijayapur .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... -586101. respondents (by smt. preeti patil melkundi, advocate for r2; notice to r1 dispensed with v/o dtd. 25.01.2023) this miscellaneous first appeal is filed under section 173(1) of mv act, praying to call for records and modify the impugned judgment and award dated 16.11.2018 passed by the iii addl. senior civil judge & mact no.xii, vijaypur in ..... . respondents (by sri.basavaraj r.math, advocate for r1 to r4; appeal against r5 is dismissed v/o dtd.20.02.2021) this miscellaneous first appeal is filed under section 173(1) of mv act, praying to set aside the judgment and award dated 16.11.2018 in mvc no.1772/2016 passed by the iii addl. senior civil judge & mact-xii vijayapur .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... ishwar and cw.40-nataraj and on 25.12.2019, received e.p24-covering letter and ex.p25-rtc extract so also ex.p37- certificate(cd) under sec.65(b) of evidence act. on 26.12.2019, after completion of investigation and after obtaining the records, he filed the charge sheet against the accused person. it is his evidence ..... /2020 by the ii addl. dist. and sessions judge at kalaburagi for convicting the appellant/ accused for the offences punishable under sec.366(a), 376(2)(i) 302, 201 of ipc and u/sec. 6 if pocso act,2012. this criminal appeal having been heard and reserved for judgment on1603.2023, pronounced judgment on64.2023 confirming the judgment dated1303.2020 ..... of indian penal code and in default to pay fine, he shall undergo rigorous imprisonment for a period of two years. further acting under section 33(8) of the pocso act, 2012 and according to the guideline no.12 of nalsa s compensation scheme for women victims/survivors of sexual assault/other crimes, 2018, the maximum - 5 - nc:2023 .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... imposed on a hindu male while taking in adoption are to be read conjointly. the appellate court's view that provisions of section 10 of the "succession act, 1956" would prevail over section 5 and section 11 of the "marriage act, 1955" is not supported by any precedents or law. the rights of a wife over husband's property are governed under ..... the plaintiff in the present case on hand is null and void, both the courts erred in entertaining the plaintiff's suit.19. the wordings found in section 10 of the "succession act, 1956" that in the event there are more widows than one, all the widows together shall take one share refers to the marriages solemnised before codification ..... to be widow of sharanappa as her marriage itself was a void marriage and therefore, she would not acquire the status of a widow as indicated in section 10 of the "succession act, 1956".23. courts should not deal separately with the terms of an enactment, which is in its nature composite. the courts are bound to avail to .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... 30 months is concerned, since the said 30 months would have to be considered from the date of election results being declared. it is only a requirement under section 44 of the act that the elections to the post be held. the period of 30 months being calculated from the date of result of the election, the delay if any, in ..... and upadhyaksha subject to various criteria and conditions laid down - 9 - nc:2023. khc-k:4822 wp no.201759 of 2023 therein. thus, a normal presumption under section 44 of the act is that elections have to be held within a period of one month and that the term of office of adhyaksha and upadhyaksha shall be 30 months thereafter. this ..... period of 30 months. as such, his submission is that there being a guarantee for 30 months, no elections can be held prior to expiry of 30 months. section 46 of the act is reproduced hereunder for easy reference:"46. term of office and conditions of service of adhyaksha and upadhyaksha.- [(1) the term of office of every adhyaksha and every .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... respondent no.1 and respondent no.2. 18.2. it is subsequent thereto that on 05.06.1978, the karnataka certain inams abolition act, 1977 (for short, act of 1977 ) came into force. sub-section (1) of section 4 of act of 1977, which has been reproduced hereinabove categorically states that any contract, grant or other instrument or in any decree or order of ..... any other law for the time being in force, with effect from and on the appointed date, the inam tenure of all inams and minor inams to which this act applies under section 2 shall stand abolished.-. 12 - nc:2023. khc-k:4933 wp no.202908 of 2015 11.3. he further relied upon the decision of hon ble apex court ..... respondents no.1 and 2. thereafter, on the basis of the said memorandum of partition respondent no.2 had approached the assistant commissioner, basavakalyana under section 136 of karnataka land revenue act (for short klr act ) to correct the entries of the land in sy.no.149 by way of its order dated 15.5.2002.6. respondent no.2 had .....
Tag this Judgment!