Court : Karnataka
Reported in : AIR1996Kant214; ILR1996KAR1998; 1996(1)KarLJ461
..... to accept this argument because as rightly submitted by the learned counsel for the petitioner, the right of re-entry given to the tenant under section 27 of the act accrues to the tenant only after the decree for eviction has been passed, and the work of demolition and erection of a new building has been commenced by the ..... single judges have done in the decisions relied on by the petitioner is a harmonious interpretation of the grounds under section 21(1)(h) and (j) of the act and they are not in conflict with the law laid down by the supreme court or the bench decisions of this court. ..... three other cases which had been filed by the petitioner under section 21(1)(h) and (j) of the karnataka rent control act, 1961 (here in afterwards referred to as 'the act') praying for eviction of the respondents from the petition schedule property namely portions of the premises bearing no. ..... the case and the evidence on record, i find that the proposed compromise is reasonable and the petitioner has acted in good faith in obtaining the sanctioned plan dated 14-3-1995 wherein the accommodation to be provided to the respondents is ..... kar lj 314).it has been held therein as follows:--'it is not correct to say that an order under section 21(1)(j) of the act cannot be sought for unless the premises in the occupation of the tenant was so dilapidated as to require demolition. ..... an additional objections contending that the petition is bad for non-compliance of section 69 of the indian partnership act. 4. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1996Kant330; ILR1996KAR706; 1996(1)KarLJ447
..... it clear that the decision in this revision will not stand in the way of the respondent-plaintiff seeking appropriate amendment of the plaint in accordance with section 21 of the specific relief act.in the result, i allow this civil revision petition, set aside the order of the lower court dated 27-10-1995 and dismiss the application for amendment filed by the plaintiff, but the plaintiff ..... it is no doubt true that the supreme court has left open the question the right of the petitioner therein for any claim under section 30 of the land acquisition act, but the former part of the judgment is clear to the effect that the agreement holder is not entitled to claim any compensation in respect of the land, as admittedly, he was not the ..... as stated earlier, their lordships further held that unlike the english law, under indian law, even in such circumstances, section 21 of the specific relief act enables awarding of compensation in lieu of and substitution of specific performance; the mere fact that their lordships took into account the compensation due under the land acquisition ..... plaintiff may be entitled to get the plaint amended in accordance with section 21 of the specific relief act, if he so choses to do, but, certainly a plaint cannot be amended by claiming the entire benefits ..... unenforceable, is only entitled to compensation as provided for under section 21 of the specific relief act which the court is entitled to determine taking into account the facts and circumstances of the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR2516; 1996(3)KarLJ324
..... -section (1) of section 148 which may be made to the judicial magistrate having jurisdiction over the area concerned, subsection (4) of section 150 lays down that no entry in the assessment list made under the provisions of the act and no sum claimed byany person under chapter vii shall be called in question before any court or other authority. ..... the learned counsel for the appellant contended that section 150(4) of the act is not a bar and the civil court has the jurisdiction and the suit is maintainable, in view of the findings that the provisions of law were not complied with. ..... tribunal has not acted in conformity with the fundamental principles of judicial procedure.7. ..... the indian iron and steel company limited, : [1971]1scr275 , held that it is settled law that the exclusion of jurisdiction of a civil court is not to be readily inferred but that such exclusion must either be explicitly expressed or clearly implied it was further held that it is well settled that even if the jurisdiction is so excluded, the civil courts have jurisdiction to examine into cases whether the provisions of the act have not been complied with, or the statutory .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR845; 1996(6)KarLJ365
..... sherin zafrulla, additional central government standing counsel appearing for the respondent dental council of india has strongly objected to the plea raised on behalf of the managements that under the provisions of the dentists act and the rules and regulations framed thereunder the managements can fill up any seat against the alleged backlog vacancies in excess of the permissible intake of the year ..... , the state government again by its notification dated 14th september 1994 re-substituted the said rule 12b which, as it stands till date, reads as under:rule 12b : reservation of seats for non resident indian candidates and others - the management of any private aided or unaided institution, as the case may be, may admit (on the basis of merit). ..... by its order dated 14.5.1993 reported in : (1993)4scc111 , the said scheme was modified by the supreme court to the extent that if was made permissible for the professional colleges to admit non-resident indians (nri) students to the extent of 5 per cent of their total intake for a given year out of payment seats on the basis of merit. ..... when the said act of the state government was brought to the notice of the supreme court, the apex court taking serious view of the matter, by its order dated 12.9.1994, stayed the said substituted rule with a further direction that -'all admissions including that of non-resident indians shall be made in accordance with the orders of this court dated may 13, 1994 read with the earlier order dated april .....
Tag this Judgment!Court : Karnataka
Reported in : 1996CriLJ2628
..... in sharad birdhichand sarda's case (1984 cri lj 1735) the supreme court dealing with the scope of section 32(1) of the indian evidence act has held as hereunder:(1) section 32 is an exception to the rule of hearsay and makes admissible the statement of a person who dies, whether the death is homicide or a suicide, provided the statement relates to the cause ..... - for the purpose of this section, 'dowry death' shall have the same meaning as in section 304b of indian penal code (45 of 1860)'.to attract the presumption it must be established that soon before her death a woman had been subjected to cruelty or harassment in ..... - for the purposes of this section, 'cruelty' shall have the same meaning as in section 498a of the indian penal code.to attract the above presumption the woman should have committed suicide within 7 years of her marriage and the husband or his relative who is charged must be shown to have subjected her ..... this shows that the cruelty must be such as to provocations an ordinary woman in the indian set up to commit suicide and that the cruelty had to be judged from that angle and not from the angle of a woman who is hypersensitive or is depressed due to various other factors and ..... section 113b of the indian evidence act makes provision for a presumption as to dowry death and it ..... view of the undisputed fact that the death had taken place within 7 years from the date of the marriage and in view of the presumption under section 113a of the indian evidence act.6(a). .....
Tag this Judgment!Court : Karnataka
Reported in : 1996(1)ALT(Cri)635; ILR1996KAR1107; 1996(2)KarLJ1
..... in sharad birdhichand sarda's case (1984 cri lj 1735) the supreme court dealing with the scope of section 32(1) of the indian evidence act has held as hereunder : '(1) section 32 is an exception to the rule of hearsay and makes admissible the statement of a person who dies, whether the death is homicide or a suicide, provided the statement relates to the cause ..... this shows that the cruelty must be such as to provocateur an ordinary woman in the indian set up to commit suicide and that the cruelty had to be judged from that angle and not from the angle of a woman who is hypersentive or is depressed due to various other factors and has ..... that is why the legislature has by introducing sections 113a and 113b in the evidence act tried to strengthen prosecution hands by permitting a presumption to be raised if certain foundational facts are established and the unfortunate event has taken place within ..... section 113b of the indian evidence act makes provision for a presumption as to dowry death and it reads ..... that conduct must be sufficient to drive an ordinary woman in indian set up to commit suicide or to cause grave injury or danger ..... for various causes a married woman in indian set up may find it difficult to continue the married life or to come out of it for social and other reasons and may in a weak ..... view of the undisputed fact that the death had taken place within 7 years from the date of the marriage and in view of the presumption under section 113a of the indian evidence act. 6(a). .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1997Kant108; 1997(1)KarLJ611
..... (2) after considering any representation which may be received from the authority concerned and any observations thereon which the state government may think fit to make, the council may declare that the course of study or the examination shall be deemed to be approved only when completed or passed, as the case may be, before a specified date ..... thereafter, the petitioner though did not send any reply through the state government, but beyond doubt he addressed the communication directly to the council indicating and intimating that full compliance of the requirements has been made, but as the compliance report had not been communicated through the state government and it was not considered ..... 53/pce/791:--'in pursu-ance of the provisions of sub-section (2) of section 13 of the pharmacy act, 1948 (8 of 1948), the pharmacy council of india declares that the diploma course in pharmacy conducted by the aristotle college of pharmacy, robertsonpet, karnataka and the diploma examination in pharmacy of the subject institution conducted by the board of examining authority, c/o. ..... the petitioner's counsel submitted before me that any cancellation or withdrawal of approval made by the respondents if any is illegal and not in conformity with the requirement of section 13 of the indian pharmacy act, for short, 'act', as the necessary enquiry has not been done.while, the contention on behalf of the opposite parties that there has been full compliance with the requirements of section 13 of the act. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR1136
..... petitions which pertain to the assessment years 1985-86 to 1991-92 had originally been filed against the show cause notices issued under section 12a of the act whereby the respondent assessing authority had initiated re-assessment proceedings under section 12a of the act in order to bring the transactions in question to levy of tax under the act since according to him there was escapement to that extent in the original assessment.3. ..... view the said constitutional limitations, it has further been held that the expression 'valuable consideration' as used in the definition of 'sale' in various state sales tax legislations, [like in section 2(t) of the present act] can only mean some monetary payment in the nature of cash or deferred payment 18. ..... court by taking into account the definition of 'sale' under the sale of goods act held that the presence of money consideration is an essential element in a transaction of sale ..... allowed to be appropriated by the latter against conversion charges, amounts to a contract of sale of goods making in constitutionally permissible on the part of the state legislature, and, consequentially, the functionaries under the karnataka sales tax act, 1957 (for short 'the act') to levy tax under the provisions of the act on the said transactions.2. ..... young men's indian association, : [1970]3scr680 , it has been held that-'in a criminal trial or quasi criminal proceeding the court is entitled to consider the substance of the transaction and determine the law of .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1997Kant48; 1997(1)KarLJ665
..... in such cases, a member of the public having sufficient interest can certainly maintain an action challenging if the person or specific class or group of persons who are primarily injured as a result of such act or omission, do not wish to claim any relief and accept such act or willingly and without protest, the member of the public who complains of a secondary public injury cannot maintain the action, for the effect of entertaining the action at the instance of such member ..... their lordships further quoted from that very judgment as under:--'it is time that the men at the apex level of the indian judiciary are permitted to manage the affairs of the judicial family and look after its welfare and interest instead of permitting repeated intrusions by some in the guise of 'public interest. ..... the petitioner has further asserted in para-17 of the writ petition that admission rules, though they purported to have been framed under the karnataka educational institutions (prohibition of capitation fee) act, 1984, do violate the parent act itself in so far as the act seeks to put an end to the payment category and the rules provided for the payment seats. ..... the petitioner has further challenged the reservation of seats for the candidates from anglo indian and parsi community, to be unconstitutional, as according to the petitioner these two communities are neither socially nor educationally backward in the state of karnataka and as such they do not come within the four corners of art. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR206; 1997(1)KarLJ182
..... in that case it was observed by the supreme court that it was well settled that a true owner has every right to dispossess or throw out a trespasser, while the trespasser is in the act or process of trespassing, and has not accomplished his possession, but this right is not available to the true owner, if the trespasser has been successful in accomplishing his possession to the knowledge of the true owner. ..... that was a case arising under sections 97 and 99 of the indian penal code. .....
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