Court : Karnataka
Decided on : Mar-09-2006
Reported in : AIR2006Kant180; ILR2006KAR1692; 2006(3)KarLJ1
..... to a decision reported in air 1951 orissa 291 head note - a (rajkishor mohanty and anr. v. banabehari patnaik and ors.):(a) contract act (1872) section 29 contract void for uncertainty - contract act (1872), sections 46 & 49.where a written contract for sale of land is silent about the price & the time for performance, the contract is not void ..... what is reasonable time.35. it is true that the contract is not void for uncertainty if it can be made certain within the meaning of section 29 of the contract act. as reiterated earlier and found from the evidence, we are not able to ascertain as to whether the contract in question is required to be enforced ..... the decisions reported in air 1959 mysore 148 : air1930mad770 , air 1972 calcutta 12 head note k3' and he also relied on the provisions of sections 68 and 73 of the evidence act to show that the agreement is certain, ascertainable and enforceable. learned senior counsel also relied on the paragraphs from 'fry on specific performance' to submit .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-09-2006
Reported in : ILR2006KAR2345; 2006(3)KarLJ265
..... appointed as umpire earlier has withdrawn his consent.8. i am of the view that the court having once passed an order in exercise of the power under section 11(5) of the act, cannot keep working on this power for appointment of yet another arbitrator as and when situation develops. if for whatever reasons, the person who had been ..... 3. i have already taken the view that there is no question of this court passing repeated orders for nominating an arbitrator in terms of the powers under section 11(5) of the arbitration act, as peer the order dated 28-2-2006 passed in rp no. 247 of 2005 [in cmp no 69 of 2004] . the relevant portion of ..... . no occasion to pass any further orders. review petition is rejected, reserving liberty to the parties to workout their rights and remedies in accordance with the provisions of the act independently.4. when once the arbitrator is nominated, so far as this court is concerned, matter concludes. it is for the parties to work out further remedies with developments .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-13-2006
Reported in : [2006]286ITR136(KAR); [2006]286ITR136(Karn)
..... : (2003) 260 itr 224 with regard to substitute the sub-clause (iii) of definition 'buyer' in the explanation to the above section of the act. sub-section (1) of 206c of the act inter alia provides collection of tax at source at the rate of 10 per cent as mentioned in the corresponding entry in column no. (3 ..... liquor in the state stating that they need not collect income-tax at source from the buyers without understanding the statutory provisions of section 206c of the act and he had acted arbitrarily without realizing the legal position that he is not the competent authority for issuing such circulars. the statutory obligations conferred on appellant ..... the jurisdiction of the ao, who had passed assessment orders against appellant-companies, the learned standing counsel has placed strong reliance to sub-section (4) of section 120 of the act. the learned single judge on this aspect no doubt has made certain observations stating that the appellants being public sector companies need not take .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-13-2006
Reported in : (2006)203CTR(Kar)505
..... (2003) 260 itr 224 with regard to substitute the sub-clause (iii) of definition 'buyer' in the explanation to the above section of the act. sub-section (1) of 206c of the act inter alia provides collection of tax at source at the rate of 10 per cent as mentioned in the corresponding entry in column no. ..... liquor in the state stating that they need not collect income-tax at source from the buyers without understanding the statutory provisions of section 206c of the act and he had acted arbitrarily without realizing the legal position that he is not the competent authority for issuing such circulars. the statutory obligations conferred on ..... jurisdiction of the assessing officer, who had passed assessment orders against appellant-companies, the learned standing counsel has placed strong reliance to sub-section (4) of section 120 of the act. the learned single judge on this aspect no doubt has made certain observations stating that the appellants being public sector companies need not take .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-13-2006
Reported in : [2006]154TAXMAN447(Kar)
..... volume 260 (page 224) with regard to substitute the sub-clause (iii) of definition 'buyer' in the explanation to the above section of the act. sub-section (1) of section 206c of the act, inter alia, provides collection of tax at source at the rate of 10 per cent as mentioned in the corresponding entry in column no ..... liquor in the state stating that they need not collect income-tax at source from the buyers without understanding the statutory provisions of section 206c of the act and he had acted arbitrarily without realizing the legal position that he is not the competent authority for issuing such circulars. the statutory obligations conferred on ..... jurisdiction of the assessing officer, who had passed assessment orders against appellant-companies, the learned standing counsel has placed strong reliance to sub-section (4) of section 120 of the act. the learned single judge on this aspect no doubt has made certain observations stating that the appellants being a public sector companies need .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-13-2006
Reported in : 2006CriLJ3168
..... version.7. the illicit relationship appears to be the main reason that prompted the deceased to commit suicide. the said reason cannot be a ground to convict the accused under section 304-b of the ipc. it is alleged by prosecution and witnessed by p.ws. 1, 2, 10 and 11 that the deceased used to complain frequently that there ..... father of the accused. p.ws. 16, 17, 18 and 19 are the police witnesses.5. the trial court convicted the accused for an offence under section 498-a and for offence under section 304-b of the ipc. the accused is in appeal.6. the theory of dowry harassment appears to be artificial. perhaps to sustain a successful prosecution, the ..... relationship. the deceased on the apprehension of illicit relationship out of dispute committed suicide, i do not think that the accused could be held guilty for an offence under section 498-a of the ipc. it is doubtful proposition to say whether mere illicit relationship simpliciter could constitute a mental cruelty within the definition of .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-13-2006
Reported in : 2006CriLJ2733; ILR2006KAR1665; 2006(2)KarLJ628
..... after grant of leave is directed against the judgment and order of acquittal passed by the learned sessions judge, acquitting the sole respondent-accused for the offence punishable under section 302 of the indian penal code, 1860 by his order dated 4-8-1999.2. the case of the prosecution in brief is as under:the deceased-nagarathnamma ..... where it is proved by the testimony of the magistrate that the declarant was fit to make the statement even without examination by the doctor the declaration can be acted upon provided the court ultimately holds the same to be voluntary and truthful. a certification by the doctor is essentially a rule of caution and therefore the voluntary and ..... 11; ex. p. 1 also finds corroboration in the evidence of p.w. 4, brother of the deceased and therefore the trial court was in error in not acting upon the dying declaration of the deceased. the trial court's reasoning with regard to the dying declaration not being recorded either by the doctor or by the magistrate is .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-14-2006
Reported in : 2006(2)KarLJ620
..... bangalore water supply and sewerage board's case, came to the conclusion that the impugned order of termination is vitiated for non-compliance of provisions of section 25-f of the act. this was challenged in appeal. a division bench, in appeal, confirmed the said judgment of the learned single judge. the supreme court however, held ..... gujarat v. pratamsingh narsinh parmar : (2001)illj1118sc wherein a clerk in the forest department had challenged his termination, as being in violation of section 25-f of the industrial disputes act, 1947. the workman had approached the high court and the high court had held that the termination was without compliance with ..... are units which are industries and they are substantially severable, then they can be considered to come within section 2(j).(d) constitutional and competently enacted legislative provisions may well-remove from the scope of the act categories which otherwise may be covered thereby.3. the supreme court has held that as per the bangalore .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-15-2006
Reported in : ILR2006KAR1909; 2006(3)KarLJ663
..... to be rejected on the ground of acquiescence and estoppel by conduct?re. point no. 1 :13. in exercise of powers conferred under section 33 read with section 19-a of the indian medical council act, 1956, the medical council of india has framed 'post-graduate medical education regulations, 2000' (for short 'regulations'). the said regulations provides ..... conduct of entrance test for admission to post graduate super speciality courses in medical faculty in exercise of the powers under sub-section 1 and 2(a) of section 35 of rajiv gandhi university of health sciences act, 1994. the m.c.i. regulations do not provide the nitty gritty of conducting the entrance test like the mode ..... for framing of ordinance. the ordinance in question has been framed in exercise of the powers under sub-section (1) and 2(a) of section 35 of the act.20. entry 66 deals with co-ordination and determination of standards in institutions for higher education and research and scientific and technical institutions being in .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-20-2006
Reported in : ILR2006KAR1680; 2006(3)KarLJ540
..... , which would offer as reasonable basis to fix the price. the price paid for sale or purchase of land proximate to the date of preliminary notification under section 4(1) of the act could be the best piece of evidence. similarly, the judgments of courts in land acquisition cases and awards passed by the land acquisition officer can be relied ..... value of the land acquired must be determined as on crucial date of issuance and publication of the preliminary notification under section 4(1) of the act. the court has further stated that a reference under section 18 of the act is not an appeal against the award and the court cannot take into account the material relied on by the land ..... , for the purpose of widening the national highway-7 ('nh-71 for short). the preliminary notification under section 4(1) of the act in this regard was issued on 29.11.1990 and a final notification under section 6(1) of the act was issued on 27.5.1992 and possession of the notified land had been taken on 13.5.1992 .....
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