Court : Karnataka
Decided on : Sep-02-2014
..... as to the court fee payable for issue of probate. this question arose on account of an amendment to the kcfsv act by the karnataka taxation act & certain 25 other laws amendment act, 1982. more particularly the amendment made to article 6 of schedule-i to the kcfsv act as it then stood, by which 5% court fee was payable where the amount of the ..... provided under rules 8, 9 and 12 and rule 13 thereof provides that in contested cases, a decree shall be drawn up in form no.7 prescribed under the indian succession act. it is of some significance to notice the contents of clause (b) of rule 13 of the rules governing probate and administration matters, which read as follows:- "( ..... for consideration in hariharan's case supra, was, the stage at which the probate fee was required to be paid under the 32 provisions of the court fees act, the indian succession act and the rules of this court in matters relating to grant of probate or letters. it is clear, an application is required to be made in the .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-11-2014
..... expressly or by necessary intendment, applies the said provisions to the subsequent act." (emphasis supplied) 21. in that case, the position was that the prevention of corruption act, 1947 adopted the definition of public servant from section 21 of the indian penal code. the question was whether the subsequent amendments made in 1958 and 1964 to section 21 of the penal code enlarging the ..... definition of public servant , could be read into the prevention of corruption act, 1947. though it was held that the 1947 act dealt with a specific offence of criminal misconduct , while .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-06-2014
..... 676. the portions of the said decision read out by him are as follows: "(23). .......................... when entry 33 of list 3 was amended by the constitution third amendment act, 1954, foodstuffs including edible oilseeds and oils were included therein and both parliament and the state legislatures acquired concurrent jurisdiction to legislate over sugar and ..... by its secretary to government, department of commerce and industries and another v. south indian sugar mills association (karnataka), by its secretary and others. 34. he submits that it has been the stand of the state government that it does not have ..... air 1993 patna 43 - delhi cloth and general mills co. ltd. and others v. the agricultural produce market committee and others. (v) ilr 2009 kar 2216 - south indian sugar mills association (karnataka) and another v. the union of india, ministry of consumer affairs and others . (vi) ilr 2012 kar 4631 - the state of karnataka, .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jun-02-2014
..... hereunder: "7. the law underwent a further change with the introduction of section 304-b in the penal code and section 113-b in the evidence act by the dowry prohibition (amendment) act, 1986. where the death of a woman is caused by burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her ..... but in any event, it has discharged the initial burden in showing the existence of all the ingredients as contemplated under section 304-b of ipc and section 113b of the evidence act. if such presumption was to be rebutted, there ought to have been rebuttal defense evidence to establish that there was any other cause for the ..... to the first accused nor can it lead to a conclusion that there is no evidence against the appellant only because they were charged under section 34 of ipc in addition to the charge under the substantive provisions, without reappreciating the evidence to come to a conclusion whether the charge against the first accused has been established .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-29-2014
..... if he files a suit or takes other legal proceedings for the realisation of his security he is bound under section 231 (corresponding with section 171 of the indian companies act) to obtain the leave of the winding up court before he can ao so although such leave would almost automatically be granted." 17. in international coach builders ltd ..... pro tanto must be treated as special law made by parliament. thus it was held that since the amendments of the act were made by the late act of 1985, they would override the provisions of section 29 of the sfc act. as a matter of fact, the supreme court agreeing with the view expressed in a.p. state ..... dealing with special provisions contained in sections 29, 30, 31 and 32 of the state financial corporation act (for short "sfc act") and the amendments made in section 529 and 529a of the act, having considered the fact that though the sfc act was enacted in 1951, the provisions contained in section 529 and 529a were introduced in 1985 and therefore .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-10-2014
..... the memory of man runneth not to the contrary" should not be strictly applied to indian conditions. all that is necessary to prove is that the usage has been acted upon in practice for such a long period and with such invariability as to show that ..... son was still alive and he died on 10.06.1987. to this amended plaint, the defendants filed additional written statement denying the said pleading. 7. in the light of the pleadings of ..... in several subsequent decisions. the manner, in which the lower appellate court has considered the provisions contained in section 10 of the act, is also contrary to the provisions contained in the very section. therefore, the judgment of the lower appellate court reversing the ..... the suit is liable to be dismissed. 6. subsequently, the plaintiff amended the plaint by deleting a sentence in paragraphs 3 and 4 of the plaint. the sum and substance of the amendment was as on the date of the alleged adoption deed their natural .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-06-2014
..... carried out and the other claim petition was left as it is, i.e. as the one filed under section 166 of the m.v. act, without carrying out amendment. 8. it is further significant to note the observation made by the tribunal at paragraph 9 of its judgment that, when the cases were posted for arguments, there was ..... 2. the claimants in both the claim petitions had filed the claim petitions originally under section 166 of the motor vehicles act, but, subsequently, by way of amendment, the same were converted into under section 163-a of the m.v. act. they contended that, when the deceased was travelling in his own tata sumo bearing registration no.ka-13/b-6363 ..... matter was taken up for consideration. further, he submitted that the tribunal ought not to have allowed the amendment applications filed for conversion of the claim petitions from section 166 of m.v. act to under section 163-a of the m.v. act and the same cannot be sustained. in fact, in the case on hand, the deceased had annual income .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-23-2014
..... the post of motor vehicles inspectors under the karnataka general services (motor vehicles branch) (recruitment) rules, 1976, as amended by notification dtd. 24.11.2005 in exercise of the power conferred by the karnataka state civil services act, 1978, are as follows: "(1) must be holder of diploma in automobile engineering of not less than three years ..... invalid merely because it incidentally encroaches on matters assigned to another legislature. (see state of karnataka v. ranganatha reddy (air 1978 sc 215); k.s.e. board v. indian aluminium co.(air 1976 sc 1031); subrahmanyam chettiar v. mutuswami; prafulla kumar mukherjee v. bank of commerce; ganga sugar co. v. state of u.p.). we, therefore, ..... . we may also state that sub-sec.(4a) of section 5 of the boilers act, 1923 is similar to sub-sec.(4) of s.213 of the m.v.act, 1988, whose subject matter of legislation is also relatable to concurrent list - list iii (entry 37 - boilers). the said sub-sec.(4a) reads as follows: "(4a) no person shall .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-17-2014
..... the petitioner on bail in the event of his arrest for the offences punishable under sections 13(1)(c)(d)(ii) and (iii) of the prevention of corruption act, 1988 and section 420 of ipc, registered in respondent - police station crime no.7/2014, subject to the following conditions: i. the petitioner shall execute a bond for a sum of rs.1 ..... sections 13(1)(c)(d)(ii) and (iii) of the prevention of corruption act, 1988 and section 420 of ipc, registered in respondent - police station crime no.7/2014. 2. heard the arguments of the learned senior counsel appearing for the petitioner/accused no.9 and also ..... no.7/14 of mysore lokayuktha p.s., mysore, for the offencs p/u/s 13(1)(c)(d)(ii) and (iii) of the prevention of corruption act, r/w sec. 420 of ipc.) 1. this petition is filed by the petitioner/accused no.9 under section 438 of cr.p.c. seeking his release on bail for the offences punishable under .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-28-2014
..... coffee as has been subject to any physical, chemical or other process for being made fit for consumption and mere cleaning, grading, sorting or drying". by the third amendment vide act no.4/99 w.e.f. 01.04.1999 the following words/produce were introduced in the definition of ap and hp: "beedi leaves, raw cashews, timber ..... on behalf of the appellant. mr.naganand, learned senior advocate, who advanced leading arguments on behalf of the appellants, therefore, sought permission to file an application seeking amendment of the writ appeals and to raise challenge to the circular. on such permission being granted, the appellants filed application bearing i.a. no. 1/2014. the ..... 40 min. the difference between black tea and green tea is the result of manipulation. green tea is manufactured by steaming without fermentation in a perforated cylinder or boiler, thus retaining some of the green colour. black tea is aliowed to ferment after being rolled and before firing. in the case of black tea the process .....
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