Court : Karnataka
Decided on : Jun-06-2003
Reported in : 2003(5)KarLJ220
..... favour of ningappa koppad by watandar jafarasab and the in turn alienation of this right by ningappa koppad in favour of plaintiff, both being hit by section 5 of the bombay hereditary offices act, the court below was not justified in coming to the conclusion on the basis of exs. p. 11 and p. 12 that gomadi was ..... favour of ningappa koppad by jafarasab setasanadi being prior to the coming into force of the karaataka village offices abolition act, 1961 it is hit by section 5 of the bombay hereditary offices act. under section 5 of the bombay hereditary offices act the watandar could not have sold his interest in 'watan' land beyond the period of his lifetime and any ..... wrong tests while determining the question of fact of ownership arising for its consideration? (2) whether the sale in favour of gomadi is hit by section 52 of the transfer of property act? 10. both suits were filed for decree of permanent injunction. the relief in both suits was sought on the ground that the plaintiffs are the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Aug-26-2003
Reported in : 2003(6)ALD888; 2003(6)ALT733
..... to be further seen that a duty is cast upon the president or the chairman of the committee of persons-in-charge under sub-section (3) of section 32 of the act to call for the committee meetings or the general meetings. when such a president or the chairman of the committee of persons-in-charge ..... registrar in passing the impugned proceedings.27. this aspect can be viewed from a different dimension. though it appears that the powers under section 32(7)(a) and section 34 of the act can be invoked under different circumstances, a careful reading of these provisions would make it clear that there are certain overlapping circumstances in ..... of 2002, passed by this court.4. the impugned proceedings, dated 18-10-2002, whereby and whereunder the 2nd respondent, while exercising his jurisdiction under section 32(7)(a) of the act, has appointed a chairman to the persons-in-charge committee of 3rd respondent-primary agricultural cooperative society, narsampally, mulugu mandal, medak district (for short .....
Tag this Judgment!Court : Kerala
Decided on : Dec-09-2003
Reported in : II(2004)ACC134; 2004ACJ1858; 2004(1)KLT663
..... and anr. v. balkrishna ramachandra nayan and anr., 1977 acj 118(sc), their lordships of the supreme court whilst adverting to scope of section 96 of the act, have observed as follows:'section 96 of the act also makes the position clear. it provides that when a judgment in respect of such a liability as is required to be covered by ..... answer to the meaningful question formulated at the very outset is rendered in the negative and it is held that the insurer cannot be held liable under section 96 of the act, where the insured himself stands exonerated of any such liability....'.the above decision of the full bench was followed by a single judge of the orissa high ..... deposit 50% of the compensation awarded. in other words, ksrtc shall deposit rs. 67,650/-. tribunal directed to deposit rs. 50,000/- with interest considering section 140 of the motor vehicles act. balance amount of rs. 17,650/- shall be deposited by the ksrtc within three months from the date of receipt of a copy of this judgment .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-06-2003
Reported in : ILR2003KAR4064
..... application of wrong tests while determining the question of fact of ownership arising for its consideration? 2) whether the sale in favour of gomadi is hit by section 52 of the transfer of property act? 10. both suits were filed for decree of permanent injunction.the relief in both suits was sought on the ground that the plaintiffs are the owners ..... in favour of ningappa koppad by watanadar jafarsab and the in turn alienation of this right by ningappa koppad in favour of plaintiff both being hit by section 5 of the bombay hereditary offices act, the court-below was not justified in coming to the conclusion on the basis of ex.p11 and p12 that gomadi was in lawful possession of ..... fact of ownership. 12. point no.2:- it submitted by learned counsel mr. s.v. shastri that the sale in favour of gomadi is hit by section 52 of the transfer of property act as in a suit in s.a.no. 29/63 between jafarsab and his cousin davalsab sethsanadi a compromise was entered into and under the compromise jafarsab .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-14-2003
Reported in : (2004)190CTR(MP)280
1.this is an application under section 256(2) of the it act of revenue with a request to this court to answer the following question of law referred by tribunal. the same is reproduced herein :'whether, on the facts and in the .....
Tag this Judgment!Court : Kerala
Decided on : Jul-29-2003
Reported in : 2003(3)KLT954
..... j.1. writ petitioner did not succeed at the original stage. therefore this writ appeal.2. two points are raised in this appeal.i. whether section 64 of the kerala university act can be applied to non-teaching staff of private colleges. ii. even if it can be applied, whether the option to continue in a particular ..... university will affect the promotion, based on the common seniority list originally prepared by the respective management. 3. section 63 and 64 appear in chapter viii. section 63 provides ..... a college affiliated to kerala university cannot aspire, to be transferred merely because he once figured as a senior in the common list prepared based on sub-section (1) of section 64. subsequent to the allotment, the efficiency of that list ceased and consequently it will not have any operative force.7. transfer is defined in part .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-16-2003
Reported in : 2003(1)ALLMR1161; 2003(3)BomCR45; 2003(2)MhLj276
..... valid and lawfully registered document or any decision pronounced by any court or judicial or quasi-judicial authority competent to pronounce such decision, certainly the authorities acting under sections 149 and 150 of the said code cannot ignore such application nor can refuse to carry out the mutation in accordance with the declaration of right ..... the revenue authorities under the said provisions of law is the issue of actual possession of the properties. in that respect also, the revenue officer acting under sections 149 and 150 of the said code while deciding the issue of possession has to give due credence to the documentary evidence and the person having ..... case of difficulty in ascertaining the right of the parties based on the document produced or on account of failure to produce documents, the revenue officers acting under section 150 of the said code can certainly decide about the issue of possession of the property and modify the entries accordingly in the register of mutations. .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-17-2003
Reported in : 2004(1)ALLMR3; 2004(3)BomCR333; (2004)ILLJ885Bom
..... the constitution of india. in respect of the claim for payment of gratuity, mr. cama submits that the ongc is established under the ongc act, 1959. under section 32 of the act, regulations have been framed governing the service conditions of the employees of ongc. these regulations include regulations in respect of payment of gratuity and therefore ..... any day of the preceding 12 months and such other establishments notified by the central government where 10 or more employees are employed. under section 4 of the act, gratuity is payable to all employees employed in the aforesaid establishments at the rate of 15 days' wages per year of service. however ..... is nothing inconsistent between them and, therefore, the regulation will prevail over the payment of gratuity act.8. the payment of gratuity act has been enacted as a special legislation for the purpose of payment of gratuity. section 1(3) of the act is applicable to every factory, mine, oil field, plantation, port, railway company as well as .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-17-2003
Reported in : 2004(1)ALLMR34; 2004(2)ARBLR101(Bom); 2004(3)BomCR165; [2005]123CompCas11(Bom); (2005)3CompLJ258(Bom); [2004]51SCL476(Bom)
..... the court. the learned single judge, therefore, was of the view that it would be appropriate to make an order under sub-section (4) of section 34 of the arbitration and conciliation act, 1996 ('the act') to direct the arbitral tribunal to resume the arbitral proceedings and to record a finding on this aspect of the matter.6. having ..... payable by the appellant in respect of the transactions completed earlier. the arbitral claim was accordingly allowed.4. the appellant thereupon filed an arbitration petition under section 34 of the act in which the learned single judge delivered judgment on 5th june, 2003. the learned single judge noted in the course of the judgment that no submission ..... .1. this appeal arises out of an order passed by mr. justice d.k. deshmukh on 5th june, 2003 in an arbitration petition instituted under section 34 of the arbitration and conciliation act, 1996.2. on 21st june 2001, the first respondent submitted a claim for the recovery of a net amount of rs. 3,46,89,636 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-06-2003
Reported in : 2003(2)ALT331
..... also to be noted that, if the document is undisputedly either not registered or duly or insufficiently stamped, the disqualifications under section 35 of the indian stamp act and section 17 of the registration act would automatically come into play and the court has the duty to proceed in accordance with law.8. in the instant case ..... to objection', clearly indicates that when the objection was raised it was not judicially determined and the document was merely tentatively marked and in such a situation section 36 would not be attracted.'13. the procedure suggested and approved by the supreme court is obviously to preempt the suit proceedings go unnecessarily multiplied and proliferated. ..... dispute with regard to the nature of the document and if it is found that the document suffers from any disqualification either under the registration act or indian stamp act, automatically the law would take its own course.14. it is also brought to the notice of the court the decision of the learned .....
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