Court : Karnataka
Decided on : Jun-05-2006
Reported in : AIR2007Kant34; ILR2006KAR3122; 2006(6)KarLJ706
K.L. Manjunath, J.1. This is the defendants appeals Respondents were the plaintiffs in O.S.718/1987. Plaintiffs filed a suit for permanent injunction to restrain the defendants from putting up any construction on the plaint schedule property or from interfering in any manner either by themselves or through their agents with, the peaceful possession and enjoyment of the plaint schedule property. Suit property is a vacant site bearing K.No. 30 of Hebbal-Kempapura village measuring east-west 15 ft. and north-south 80 ft. bounded east by the house of the plaintiff bearing K.No. 11, west by the house of the defendants and vacant land, north by defendants 1/3rd share and south by road. According to the plaintiffs, they are the full and absolute owners of the suit property. Plaintiffs grand-father one Avalappa and Munivenkatappa were brothers and they have divided their joint family properties under an oral partition. The vacant land which was to the west of K.No. 11 measuring 15' x ,120' was...
Tag this Judgment!Court : Karnataka
Decided on : Jun-06-2006
Reported in : 2006(5)KarLJ361
..... from the planning authority for change of land use does not in anyway vitiate the acquisition of land, in fact while according sanction under section 18(3) of the act, the government has categorically stated that the sanction sought for is granted subject to the condition that the authority shall obtain permission for change ..... the government has considered in depth all the relevant material on record and has applied its mind in proper perspective before sanctioningthe scheme under section 18(3) of the act. the scheme does not involve any financial assistance from the government and the bda has to execute the scheme with its own resources and ..... acres 18 guntas, which are left in the final notification. notices were issued to the notified khatedars, anubhavadars and interested persons as per section 9 & 10 of the land acquisition act ('l.a. act' for short) during september 2003. in addition, public notice was also issued in leading newspapers on 14.09.2003, inviting objections/claim .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-07-2006
Reported in : 2007ACJ2475; ILR2006KAR2725
..... placed reliance on the agreement said to have been entered between the husband of the deceased and the owner-first respondent and ignored the mandatory provisions of the motor vehicles act, particularly with regard to the minimum compensation payable in the case of death of a person in the road accident. we, therefore, hold that the tribunal has erred in accepting ..... and the same is opposed to law and also opposed to the spirit of the provisions of the motor vehicles act. in this connection, relevant provisions of the motor vehicles act was brought to our attention to contend that even under the act as per ii schedule, the minimum compensation in the case of fatal accidents is rs. 50,000/-. but, in the .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-08-2006
Reported in : 2007ACJ50; 2007(4)KarLJ338
..... sub-clauses (a) or (b) or (c) to proviso (i) to section 147(1)(b) of the act is perfectly valid and permissible under the act therefore, where any such policy has been taken by the owner of the vehicle, the liabilityof the insurance company will be confined to that ..... liability in respect of the death of or bodily injury to any such employee as is described in sub-clauses (a) or (b) of (c) of proviso (i) to section 147(1)(b) may be fastened upon the insurance company and insurance company may become liable to satisfy the entire award. however, for this purpose the owner must take a ..... any such liability, which is mandatorily required to be covered by a policy under section 147(1)(b), has to be satisfied by the insurance company. the effect of this provision is that an insurance policy, which covers only the liability arising under the workmen's act in respect of death of or bodily injury to any such employee as described in .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-09-2006
Reported in : [2006]148STC560(Kar)
..... are not to be affected by section 6-b of the act. thus, it can be safely concluded that the sales effected by the mrpl to the petitioner are not to be construed as sales by the first ..... levy should induce the entire trade to issue bills on all their sales.from the speech presented by the finance minister, it can be seen that section 6-b of the act is enacted with an intention to make it applicable only to second and subsequent transactions of sale. consequently, the transactions anterior to second and subsequent transactions ..... and after forming an opinion, issued the show cause notice dated 30-6-2004 to the effect that the petitioner was liable for payment of tax under section 6-b of the act on the inter-company oil sales effected by the petitioner for the assessment year 2003-04. objections were filed by the petitioner for the same. thereafter, .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-12-2006
Reported in : ILR2006KAR3032
..... ?6. both the courts below have proceeded on the basis that the accused being the registered owner of the vehicle was liable to be proceeded against under section 12(1) of the act. as regards the actual possession of the vehicle they have proceeded only on the basis of inference drawn from the non-production of any material by the ..... the tax as per the provisions contained under section 3(4)(a) of the act, had not paid the same and had fallen in arrears for the period 1.5.1999 to 1.5.2002. demand notices were sent to the accused ..... 2. the facts in brief leading to these revision petitions are that, a complaint came to be registered against the revision petitioners under section 12(1) as per the provisions of the karnataka motor vehicles taxation act, 1957 (act for short) by the jurisdictional rto alleging that the accused/ the owner of the lorry bearing no. myy 6891 being liable to pay .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-13-2006
Reported in : ILR2006KAR3027; 2006(5)KarLJ334
..... .3. heard the counsel for the petitioner and the respondent.4. it is the submission of the petitioner's counsel that the definition of the word 'family' under section 3 of the rent act, 1999 includes 'sister-in-law' also and the trial court ought to have construed the dependency and relationship in a proper perspective and the requirement of the sister ..... 618/2001.2. the original petitioner/landlord died during pendency of the petition and his wife represents him. the petition was filed under the old act under section 21(1)(h)(p) & (f) of the rent control act, 1961 seeking for eviction of the tenant from the petition premises on the ground of requirement for the sister-in-law of the original petitioner .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-15-2006
Reported in : ILR2006KAR2728; 2006(5)KarLJ226
..... to identify and demarcate the lands granted and the orders passed thereon would fall within the definition of the orders enumerated in sub-section (e), (f) & (g) of section 49 of the kamataka land revenue act, 1964.19. the learned single judge has considered all these aspects. in fact, the learned single judge has held mat the ..... for respondents-5 to 7 have made submissions justifying the impugned order. they have submitted that the deputy commissioner, exercising the inherent powers under section 25 of the karnataka land revenue act, 1964 has verified the records and conducted spot inspection to meet the ends of justice. therefore, the said action cannot be termed as illegal ..... not the appellate authority to decide the legality of the orders passed by the survey officer or the other officers enumerated under sub sections (e), (f) & (g) of section 49 of the karnataka land revenue act, 1964.(3) this court in w.p.nos. 10574-75/1994 has held that respondents are not in unauthorised occupation of .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-16-2006
Reported in : ILR2006KAR2870; 2006(5)KarLJ1
..... . a reading of the aforesaid two letters make it clear that the commission wanted the states to know that, clause (a) of sub-section (1) of section 9 of the delimitation act lays down that the constituencies shall be delimited having regard to the existing boundaries of the administrative units. therefore, any changes made in the ..... but less than one lakh 314. for a municipal area with a population of not less than one lakh but less than three lakhs 35______________________________________________________xxxxx xxxx xxxxx14. section 13 of the act deals with wards for elections which reads as under :13. [wards] for elections. (1) for the purposes of election of councillors to be elected ..... , is 31. the government has to determine/constitute 31 wards on the basis of the aforesaid population and then has to issue a notification under section 13 of the act determining the number of wards. 3. the state addressed a letter as per annexure-b dated 3.5.2005 to the deputy commissioner of raichur .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-16-2006
Reported in : ILR2006KAR2691; 2007(4)KarLJ235;
..... be candidates) by first class interview, selection graduates in being made by a electrical engg. committee constituted or passed by the board from a.m.i.e. time to time. (sections a & b electrical) b) 45% of vacancies examination with shall be filled up by not less than 60% promotion of of marks in the assistant engineers aggregate or (el) (graduates ..... recognised a) jtas in all o & m university or sub dvns. of b'lore equivalent circle & in the sub qualification or dns. of city category pass in amie 73% 23% sections a&b (ele.) (e) all posts of asst (ii) should be on engrs. not covered by probation for one (a) to (d) supra 100% year. (f) all up-graded b .....
Tag this Judgment!