Court : Karnataka
..... delay in moving the applications. the trial court on inquiry held a sufficient cause within the meaning of section 5 of the limitation act and rule 9 of order 22 cpc to be made out; directed the delay in moving the 10 (2006) 9 scc749- 38 - nc:2024. khc:37470 crp no.72 of 2024 applications to be condoned ..... and willingness of the plaintiff, and though pw1and pw2gave evidence about his readiness and willingness, the suit has to fail for failure to comply with section 16(c) of the specific relief act, as there was no acceptable or valid evidence of such readiness and willingness of the plaintiff to perform his part of the obligations in terms ..... and willingness to perform the agreement and the alleged breach by the defendant. but balraj singh cannot become a substitute for the plaintiff to give evidence about the finances or intentions or the readiness and willingness of the plaintiff which were within the personal knowledge of the plaintiff. balraj singh was a property dealer engaged by the .....
Tag this Judgment!Court : Karnataka
..... its substance or legality. it is the further contention of the bmrcl that the arbitral tribunal's 19 decision to award finance charges lacked basis in evidence, thus warranting interference under section 34 of the act. in this regard, he has referred to a reliance in the case of state of rajasthan v. ferro concrete construction ..... to challenge the arbitral tribunal's findings. it is his further contention that the commercial court s reasoning regarding finance charges was flawed. further, the appellant / 1st defendant relies on section 31 of the arbitration & conciliation act, which restricts the arbitral tribunal's authority to award interest beyond what is agreed upon in the contract. ..... (2021) 9 scc1; (paragraphs 2, 17, 18, 19, 20, 31, 32, 33, 34 and48) 18. mcdermott internaionsl inc. v. burn statndard co. ltd., l (2006) 11 scc18118 19. m/s christy friedgram industry v. department of women and child development ; comap no.236/2021; dd2203.2022 ; (paragraph18) 20. union of india v. m .....
Tag this Judgment!Court : Karnataka
..... its substance or legality. it is the further contention of the bmrcl that the arbitral tribunal's 19 decision to award finance charges lacked basis in evidence, thus warranting interference under section 34 of the act. in this regard, he has referred to a reliance in the case of state of rajasthan v. ferro concrete construction ..... to challenge the arbitral tribunal's findings. it is his further contention that the commercial court s reasoning regarding finance charges was flawed. further, the appellant / 1st defendant relies on section 31 of the arbitration & conciliation act, which restricts the arbitral tribunal's authority to award interest beyond what is agreed upon in the contract. ..... (2021) 9 scc1; (paragraphs 2, 17, 18, 19, 20, 31, 32, 33, 34 and48) 18. mcdermott internaionsl inc. v. burn statndard co. ltd., l (2006) 11 scc18118 19. m/s christy friedgram industry v. department of women and child development ; comap no.236/2021; dd2203.2022 ; (paragraph18) 20. union of india v. m .....
Tag this Judgment!Court : Karnataka Dharwad
..... the land, which shall thereupon vest absolutely in the state and there cannot be any restriction on khb.17. it is important to note that section 38 of the khb act is very clear that khb may retain, lease, sell, exchange or other dispose of, any land, building or other property vesting in it ..... in order to prevent arbitrariness or favoritism. however, there are inherent limitations in exercise of that power of judicial review. government is the guardian of the finance of the state. it is expected to protect the financial interest of the state. there can be no question of infringement of article 14 if the ..... of 2016 and1 the commissioner, karnataka housing board, cauvery bhavan, bengaluru.2. assistant executive engineer, karnataka housing board, chanukyapuri, hubballi, dist: dharwad.3. assistant revenue officer, allotment section, karnataka housing board, chanukyapuri, hubballi, dist: dharwad. respondents (by sri. basavaraj v. sabarad, sr. counsel for sri. h.r. gundappa, adv. for r1-r3) this .....
Tag this Judgment!Court : Karnataka
..... thus, the petitions merit consideration on merits.10. on the plea that the writ petitions are premature for want of cause of action: a. section 128-a of the act of 1959 enables the registrar to frame regulations in respect of three matters namely, recruitment, transfer, and disciplinary action concerning the employees of co-operative ..... the restrictions in the impugned provision are not reasonable to claim protection under article 19(4) of 72 the constitution of india and that section 128-a of the act of 1959 confers unguided excessive power on the registrar to make regulations in respect of matters enumerated therein and as such said provision is arbitrary ..... completely prohibit or take away the right of a co-operative society to recruit, transfer, and to initiate disciplinary action on its employees. c. section 128-a of the act of 1959 which empowers registrar to completely take away the right of a co-operative society to recruit, transfer or hold disciplinary enquiry against its .....
Tag this Judgment!Court : Karnataka
..... member till the expiry of the term of the body. 7.7 what necessarily emanated from the above provisions of the rajiv gandhi university act, more particularly, section 31 read with section 56 of the act is that the member of the senate shall not continue beyond the term of the senate. the membership of nominated members or other ..... category (d), namely he was a chairman out of 4 non-official members nominated by the government. what is to be noticed is that sub-section (3) of section 4 of the beggary act provides that subject to pleasure of - 11 - nc:2024. khc:31562-db wa no.635 of 2024 c/w wa no.714 of 2024 ..... constituted under section 4 of the beggary act. section 4, in its sub-section (1) provides that government may by notification constitute a central relief committee. as per sub-section (2), the committee shall consist of members, who would be the secretary to the government, social welfare and labour department, the director of the social welfare, the secretary, finance department and .....
Tag this Judgment!Court : Karnataka
..... member till the expiry of the term of the body. 7.7 what necessarily emanated from the above provisions of the rajiv gandhi university act, more particularly, section 31 read with section 56 of the act is that the member of the senate shall not continue beyond the term of the senate. the membership of nominated members or other ..... category (d), namely he was a chairman out of 4 non-official members nominated by the government. what is to be noticed is that sub-section (3) of section 4 of the beggary act provides that subject to pleasure of - 11 - nc:2024. khc:31562-db wa no.635 of 2024 c/w wa no.714 of 2024 ..... constituted under section 4 of the beggary act. section 4, in its sub-section (1) provides that government may by notification constitute a central relief committee. as per sub-section (2), the committee shall consist of members, who would be the secretary to the government, social welfare and labour department, the director of the social welfare, the secretary, finance department and .....
Tag this Judgment!Court : Karnataka
..... member till the expiry of the term of the body. 7.7 what necessarily emanated from the above provisions of the rajiv gandhi university act, more particularly, section 31 read with section 56 of the act is that the member of the senate shall not continue beyond the term of the senate. the membership of nominated members or other ..... category (d), namely he was a chairman out of 4 non-official members nominated by the government. what is to be noticed is that sub-section (3) of section 4 of the beggary act provides that subject to pleasure of - 11 - nc:2024. khc:31562-db wa no.635 of 2024 c/w wa no.714 of 2024 ..... constituted under section 4 of the beggary act. section 4, in its sub-section (1) provides that government may by notification constitute a central relief committee. as per sub-section (2), the committee shall consist of members, who would be the secretary to the government, social welfare and labour department, the director of the social welfare, the secretary, finance department and .....
Tag this Judgment!Court : Karnataka
..... deputy commissioner of income- tax cc25 ayakharbhavan m.k. road, mumbai. and its ita no.3071 and 3072/2015 mumbai for the offence punishable under section 135 (c) of it act. vi. commercial appeal no.60 of 2024 in high court of karnataka. 15 vii. income tax appellate tribunal has registered the case against rupen patel ..... hobli, anekal taluk, bengaluru ( townsville property ).4. on 21-11-2017 the company and gulam mustafa infinite dwelling (india) private limited ( gm infinite ) took finance assistance from state bank of india for sanction of loan facility. the company which was the legal owner of the land was insisted by the bank to give a corporate ..... time and again cautioned about converting purely civil disputes into criminal cases. this court in indian oil corpn. [indian oil corpn. v. nepc india ltd., (2006) 6 scc736: (2006) 3 scc (cri) 188]. noticed the prevalent impression that civil law remedies are time consuming and do not adequately protect the interests of lenders/creditors. the .....
Tag this Judgment!Court : Karnataka
..... to the contrary if countenanced would defeat the intent of granting exemption and therefore does not merit acceptance. his submission that clause (d) of section 96d of the finance act, 1994 itself is deleted w.e.f. 14.05.2016 and therefore, whatever protection the educational services enjoyed under the exemption notifications would ..... above, the respondent-university answers the definition of educational institution since it provides services that fall into sub-clause (ii) of clause (l) of section 66d of the finance act, 1994. in fact, the education catered by the university broadly fits into the definition of auxiliary educational services. he is also right in pointing ..... impertinent, does not factor in the discussion. the function related to affiliation cannot be treated as a bundled service under clause (3) of section 66f of the finance act, 1994, either. the interests/fines/penalties leviable on account of default also have a thick connect with the fees regularly leviable and therefore, .....
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