Court : Karnataka
Decided on : Mar-31-1989
Reported in : ILR1989KAR3083
..... is decreed on itsmerits, sub-rule (5) will not be applicable.the said sub-rule governs a situation, whenthe application is rejected only under thetwo specified circumstances. (b) motor vehicles act & civil procedure code - awards: enforcement - no exclusive machinery provided, c.p.c. applicable, awards being passed by civil courts referred as tribunals - in execution, procedure as forum for appeal as of civil ..... court - full effect to be given to order 21 c.p.c. the motor vehicles act does not providefor any exclusive machinery to enforce theawards. the provisions of the code of civilprocedure are attracted, since the awards areof the civil courts (though referred as'tribunals')...when .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-31-1989
Reported in : ILR1989KAR1701; 1989(2)KarLJ548
..... was still on the scene then and is very much on the scene even now.33. added to all this there was an incident at which a catche of explosives stored in the mutt had been set fire to, causing extensive damage to the properties of the mutt and injuries to the inmates as well. the hand of the ..... the materials placed before it.held that the contention that the appellate court had full power to consider the appeal on merits in view of the provision of section 104 read with section 107 of the code of civil procedure could not be accepted as correct in appeals arising out of interlocutory orders which are discretionary in nature.' mr. ..... two notices elicited a reply more marked for its impudence than offering any logical explanation but the other having remained quiescent without any reply, the senior had therefore to act and eject the junior from office. basing themselves on these divergent stands both sides argued their respective cases which probably to them was of some importance or may .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-31-1989
Reported in : II(1989)ACC333
..... of civil procedure; further, section 96 of the code was referred to urge that, a first appeal would lie only against a decree passed by a court exercising original jurisdiction only and therefore, the ..... 4scr1028 , the question was whether letters patent appeal lay against an order of a learned single judge of the high court, in a proceeding arising out of trade marks act. the supreme court answered the question in affirmative, the principle applied was:when a question is stated to be referred to an established court without more, it in ..... . according to sri sadashivappa, the learned counsel for the petitioner, the orders are made in the course of executing an award under the provisions of the motor vehicles act and therefore any such order cannot be treated as a decree. the learned counsel referred to the definitions of the words 'decree' and 'order' in the code .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-04-1989
Reported in : ILR1989KAR2603
..... urban land ceiling, bangalore, in ulc. no. 8(9)/83-84. the petitioner had made a representation in response to the notice under sub-section (1) of section 8 of the ceiling act under which he was called upon to appear before the competent authority on 28-10-1985 with all the relevant documents etc., for an enquiry under ..... prosecute the cases against chamundi, chamaraju or venkateswara. however, prosecution of those cases will not come in the way of parties to obtain an order under section 402 of the act, if they so desire.27. the following are the annexures to this order:i) memo dated 4-4-1989 filed by the petitioner and respondents (not ..... faith.'it should be noticed that in english law there is no provisions which is similar or comparable to section 398 of the act. but section 397 of the act is present in the english act in a slightly different form. in the 1985 act the word 'oppression' is substituted by the words 'unfairly prejudicial'. the principles applicable for granting relief .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-04-1989
Reported in : [1992]73CompCas375(Kar); 1989(2)KarLJ410
..... , in terms of which the cheques were issued should not detain us long. at the outset, we should reject the argument summarily in view of section 118(a) of the act. section 118(a) of the act is as follows : 'of consideration. - (a) that every negotiable instrument was made or drawn for consideration, and that every such instrument, when ..... testimony of the plaintiff of the documentary evidence produced by him. therefore, he found in his favour on all the issues. 7. now, if we look at section 9 of the act which is as follows : '9. holder in due course. - 'holder in due course' means any person who for consideration became the possessor of a promissory ..... of the court. the learned judge has examined that question in detail and having regard to the definition 'holder in due course' in section 9 of the negotiable instruments act (hereinafter referred to as 'the act') has come to the conclusion, having regard to the oral and documentary evidence of the plaintiff, that the plaintiff was a holder .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-05-1989
Reported in : (1990)ILLJ266Kant
..... , should be held to have been refused, on the ground that it is not expressly granted, therefore it must be deemed to have been refused and therefore the provisions of section 11 of the civil procedure code are attracted. 14. no doubt, the rule of res judicata affects the jurisdiction of a court. but, while applying the rule of res judicata, the court ..... jurisdiction. there appears to be force in this contention. it must be remembered that in the exercise of its certiorari jurisdiction under article 226 of the constitution, the high court acts only in a supervisory capacity and not as an appellate tribunal. it does not review the evidence upon which the inferior tribunal purported to base its conclusion; it simply demolishes .....
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 : Apr-11-1989
Reported in : AIR1990Kant97; 1989(2)KarLJ202
..... no statutory obligation on these authorities to grant lease in contravention of rules relating to mines act and other mandatory provisions contemplated under the explosives act; law relating to environment and ecology, pollution control act, forest preservation act, wild life protection act, which impose serious restrictions.referring to the facts of each case, respondents deny or do ..... given under proviso to s. 38 of the mysore land revenue code and board standing orders of the erstwhile state of madras.15. section 38 of the land revenue act' (code) reads thus :'right to metals and minerals to vest in government-- unless it is otherwise expressly provided by the terms of ..... the government and the government shall have all the powers necessary for the proper enjoyment or disposal of such rights :--provided that :(i) nothing in this section shall be deemed to apply to limestone, granite and such other ordinary minrals, as the government, by notification in the official gazette, may from time .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-12-1989
Reported in : AIR1990Kant128; ILR1989KAR2764; 1989(2)KarLJ523
..... the parties regarding the passing of title? 2) has the plaintiff become the owner of the suit house vide exhibit p-1 sale deed dt. 26-6-1972?section 54, t.p. act defines sale and how it ismade; it reads thus :54. 'sale' is transfer of ownership in exchange for a price paid or promised or part-paid and ..... give their signatures and their thumb impressions in this endorsement and in thumb impression register. the same has been endorsed in this endorsement as per sub-sec. (2) of s. 58 of indian registration act 1908 (central act xvii of 1908) read with r. 73 sub-r. (ii) of mysore registration rules 1965. the depositions made by the executants have been ..... of the document, and any admission of receipt of consideration, in whole or in part, made in his presence in reference to such execution.' 30. part vi of registration act, 1908 deals with the presentation of documents and their registration. s. 34 in this chapter requires the registering officer to enquire :(1) whether or not the document was .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-17-1989
Reported in : 1989(2)KarLJ317; [1989]75STC126(Kar)
..... 28/30th march, 1976 by which the student note-books and other aids of students were exempt from tax which was in exercise of the powers under section 8a of the act. later on by act 23 of 1983 these items were taken to entry 42-b, list ii of the fifth schedule, which was effective between 1st april, 1982 and 31st ..... proviso and no other. it does not carry the matter any further nor does it whittle down the power of the state to grant exemptions under section 8a of the act. what the second proviso to section 6-b refers to and deals with, as stated earlier, is only the mode or method of ascertaining the turnover for the purpose of levy ..... rate of tax is reduced hence turnover tax is payable and no exemption is available thereto. on the basis of this clarification the assessing officers have issued notices under section 12a of the act to reassess the tax due so as to include turnover tax payable on note-books. 3. the learned counsel for the petitioner contended while challenging the validity of .....
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