Court : Karnataka
Decided on : Mar-05-2012
..... in a second appeal before this court and that appeal was dismissed.ii. similarly, yet another suit filed by one syed iqbal hussain in o.s.no.31/1994 was also contested by the corporation on identical grounds, in that, the suit properties were purchased from narayanaswamy, the father of pw.l and there lore the ..... the sale deed in favour of the plaintiff is that document, namely, memorandum of partition, the same could not have been relied upon nor can the court act upon it, in accepting the title of bhagirathi the vendor of the plaintiff. consequently, the sale deed executed by bhagiraihi in favour of the plaintiff would be rendered ..... khata would involve the requirement of prior sanction for formation of a private layout and it would further require the requisite sanction under the town and country planning act, 1^61 and necessary no objection certificate from the bangalore development authority. this, according to the court below, is yet another circumstance having regard to the endorsement .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-28-2012
..... by the learned counsel for the respondent in the case of pradeshiya industrial and investment corpn of u.p. vs. north india petro chemicals ltd [(1994)3 scc 348] and manipal finance corporation lid. vs. crc carrier ltd 1(2001) 107 comp cos 288 (bom)].8. in that view of the matter, i am of the ..... bank has already initiated recovery proceedings before the debt recoveries tribunal and also option under the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 ('sarfaesi act' for short) has been exercised.3. heard the learned counsel appearing for the parties and perused the petition papers.4. the petitioner bank contends that ..... secured by different agfe-fements as stated above including hypothecation of the machineries and since the petitioner bank has the remedy of recovery as contemplated under the sarfaesi act. in the case of a present nature. i am of the opinion that the petition is premature. if at all the petitioner-bank ultimately succeeds in .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-29-2012
..... been included for the purposes of computation of the gratuity by the management and he is entitled to payment of gratuity under section 4 of the act and accordingly sought for payment of gratuity amount.4. said application being taken on record controlling authority issued notice to the management, who appeared and ..... service and said amount was credited to respondents savings bank account at syndicate bank. respondent filed an application before the controlling authority under the payment of gratuity act, 1972 and the assistant labour commissioner (central), mangalore (hereinafter referred to as controlling authority) claiming that variable allowance and conveyance allowance has not ..... council: it is a legitimate rule of construction to construe the words in an act of parliament with reference to words found in immediate connection with them. in 11th edition of salmond jurisprudence at page 153 under the chapter of law and other things at page 166, this aspect has been explained in .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-07-2012
..... adverse recommendation/report/finding requires to be made only after hearing the persons concerned;(xxvii) that the lokayukta, while dealing with chapter-22, recommended prosecution of the petitioner under the provisions of prevention of corruption act, 1988 and having regard to the position of the petitioner as chief minister, the recommendation must be construed to be a ..... the complicity of the authorities in all levels of government.(ii) the government in its orders vide notification no. ci 16 mmmm 2003 and no. ci 33 mmm 1994 both dated: 15.03.2003, de-reserved for private, mining an area of 11620 square km in the state, meant for state exploitation/mining by the public sector ..... the observance of the process as provided for in cr.p.c.(xlvi) s ranganarasaiah vs. state of karnataka (ilr 1994 kar 3595) on the point that under section 9(3)(a) of the k l act, a copy of the complaint shall be forwarded to the public servant and the competent authority concerned, after making preliminary .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-27-2012
..... of objections seeking dismissal of the writ petition.5. we have heard the learned counsel for the parties.6. it is contended on behalf of the petitioners that chapter iii of the act deals with enforcement of security interest under section 13(2). a notice with regard to repayment of secured debt has to be issued in case there is a ..... must also be communicated to the borrower by the secured creditor. it will not be in fulfillment of a requirement of reasonableness and fairness in the dealings of institutional financing which is so important from the point of view of the economy of the country and would serve the purpose in the growth of a healthy economy. it would ..... creditor, and no further step shall be taken by him for transfer or sale of that secured asset(9) in the case of financing of a financial asset by more than one secured creditors or joint financing of a financial asset by secured creditors, no secured creditor shall be entitle to exercise any or all the rights conferred on him .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-15-2012
..... possession of joint family properties filed by the plaintiff-petitioner. review petition no.482/2010 has been filed by the plaintiff to recall the judgment dated 17.01.1994 rendered by the division bench in rfa no.43/1993 reversing the earlier order dated 16.01.1993 of the trial court, in essence declining to allow ..... case the memorandum itself does not create or extinguish any rights in immovable properties and therefore does not fall within the mischief of section 17(1)(b) of the registration act and is, therefore, not compulsorily registrable;15. in bakhtawar singh vs. gurdev singh and another, (1996 (9) scc 370), their lordships applied the ratio of roshan ..... delay, if sufficient cause is shown for not availing the remedy within the stipulated time.15. the expression sufficient cause employed in section 5 of the limitation act, 1963 and similar other statutes is elastic enough to enable the courts to apply the law in a meaningful manner which subserves the ends of justice. although, no .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-28-2012
..... secured creditor stands outside would not doubt be relevant. the decision in the case of international coach builders ltd. (in liquidation) vs- karnataka state financial corporation [1994 (81) comp. cases 19] relied on by the counsel for the official liquidator need not be adverted to in detail since it had fallen for consideration in rajasthan ..... borrower to the secured creditor in respect of secured asset as per the books of account of the secured creditor.13. the relevant provisions under the companies act and sarfaesi act noticed above arose for consideration before the honble supreme court in the case of central bank of india vs- state of kerala and others [2009 ..... dues, the procedure contemplated in sub-section (9) to section 13 reads as hereunder:13 (9) in the case of financing of a financial asset by more than one secured creditors or joint financing of a financial asset by secured creditors, no secured creditor shall be entitled to exercising any or all of the rights conferred .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-12-2012
..... 21 wherein it is held as follows:- 11. in our opinion sections 147/148 cannot be interpreted in isolation of the other provisions of chapter-xiv of the income-tax act which is the fasciculus dealing with the procedure for assessment. section 139 makes it mandatory for every person whose total income exceeds the maximum amount ..... set-down in section 153, this situation can be remedied by the assessing officer by invoking section 147. the word assessment has been defined in the act in a most unsatisfactory manner, merely by stating that it includes reassessment. a more comprehensive definition is readily available in the australian decision titled batagol v. ..... order and passing the re-assessment; that period of limitation contemplated for either reopening or concluding an assessment as provided for under section 10a of the act is independent of the period of limitation provided for passing or concluding an assessment and it is because of the confusion between the situation of assessment and .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-21-2012
..... of the original english sentence in fully reflected in its kannada version. thus the entire translated kannada text is the same as the original english text. the concerned chapter in sb1 is titled "review of literature" where as the whole of translated material entering into mb1 finds shelter under the title "sambanditha sahityavalokana" (review of ..... statement of objections traversing the allegations in the writ petition. it is his case that the petitioners have questioned his appointment as a lecturer in the year 1994 nearly 18 years after the appointment and therefore, the writ petition is liable to be rejected solely on the ground of delay and laches. later, he ..... virtue of being registrar, he is also an ex-officio member of various universities. under section 18 of the act, he is an ex-officio member of the academic council, syndicate and finance committee. he is also a custodian of records, common seal and other properties of the university. further, he exercises powers under the .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-08-2012
..... time of making an application by the bank or financial institution for the recovery of the debt till the actual recovery thereof through various modes stipulated in chapter v of the act and to entertain and decide all matters in relation to recovery of debts due to banks and financial institutions. 64. in cofex exports ltd., versuscanara bank ..... made in the application and is not dependent on its being so found. 65. in ms. nivedita rep. by mother ms. asha raja kumar versussouth indian bank ltd. industrial finance branch, trichy road, coimbatore town [1998 - 2 - l.w. 367], the madras high court was concerned with an application filed by the younger children of the debtor ..... effect to its orders or to prevent abuse of its process or to secure the ends of justice. rule 22 of the debts recovery appellate tribunal (procedure) rules, 1994. 22. orders and directions in certain cases - the appellate tribunal may make such orders or give such directions as may be necessary or expedient to give effect .....
Tag this Judgment!