Court : Karnataka
Decided on : Oct-04-1988
Reported in : ILR1989KAR324
..... petition that he did not file his nomination paper because the notification issued under section 5(3) of the act which was the foundation for the entire election process, was defective. the petitioner has certain statutory rights under the act and the rules framed thereunder. we cannot in the circumstances of this case hold that the petitioner has ..... 6-1986, we are concerned with thuruvanur mandal panchayat and the state government under section 5(1) of the act had fixed the total number of seats for that mandal panchayat at 26. this notification is the foundation of the issue of the subsequent notifications by the deputy commissioner in exercise of the power conferred under section 5 ..... (5) and the proviso to section 5(2) and 5(4) of the act. that notification, annexure-a, was made on 28-7-1986 .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-14-1988
Reported in : ILR1989KAR241
..... the relevant enactments and the statutory rules. the substance of the plea stated in the application for amendment, of the writ petition, in our opinion, lays sufficient foundation to the question raised and argued. further, none of the parties can be held, as being taken unawares, by the plea. the appellants and other contesting ..... the owners of the sites in the area in question to put up multistoreyed/multi-family dwelling units;(b) the scheme under both the citb act and bda act provides for the construction of the residential houses by the owners of the sites in question and not for exploitation of those sites for construction of ..... shivaprakash, who appeared for the interveners in support of the appellants' contentions. this decision proceeded on an interpretation of section 40 of the transfer of property act and the effect of the contractual covenants. said decision has no bearing on the covenants attributable to statutory rules. there are other distinguishable features, such as .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-13-1988
Reported in : ILR1989KAR123; 1988(3)KarLJ562
..... afterwards it will stultify the statutory provision. again in the present case an election petition covering the same subject-matter is actually pending. there is no foundation whatever for thinking that where the challenge is to an entire election then the writ jurisdiction springs into action. on the other hand the circumstances of this ..... was not argued in those appeals.8. the panchayat is a statutory body as it is constituted and incorporated under the provisions of the statute (the act), the act envisages the constituents of the panchayat, to be duly elected, or to be lawfully nominated under circumstances stated in section 5(3) and in the manner ..... the said power and nominate the persons to be members of panchayats, such nominated members, would not attain any legal status. the nominations are ultra vires acts and are void. declaration of the invalidity of the nominations strikes at the root of the respective nominations, resulting in the declaration that the nominations were void .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-24-1988
Reported in : ILR1988KAR1185; 1988(1)KarLJ530
..... the pleadings of the plaintiff come squarely within the meaning of fraud and misrepresentation as defined under the provisions of sections 17 and 18 of the indian contract act.12. when the plaintiff makes out a case of fraud and misrepresentation then the document in question itself is void and assuming that defendant-1 was put ..... with that order, be passed in favour of the plaintiffs against the defendants with costs.'chief justice hidayatulla, considering the provisions of section 42 of the specific relief act observed as follows :'it will be noticed that they neither asked for the cancellation of the order of the collector nor for any injunction, two of the reliefs ..... , pages 108 to 110. now what is the effect of such a document which was undisputedly executed without complying with the mandatory requirement of section 59 of the registration act. a full bench of the madras high court in h. venkata sastri and sons & others v. rahilnabi and ors., : air1962mad111 has held as follows :'we are .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-11-1988
Reported in : [1991]70CompCas440(Kar)
..... there cannot be any equity in a vacuum. these observations are compelled by the fact that this pleas, urged by the learned advocate-general, has no foundation in the statement of objections filed by the state. the plea has been urged as a question of law which is impermissible. on this ground alone ..... we cannot accept the preliminary objection raised by the learned advocate-general against the maintainability of the writ petition. 42. re. point (b) : whether the amendment act supersedes the agreement entirely : he board is a statutory corporation. the petitioner, the board and the state entered into a tripartite agreement, first in the year 1966 ..... we cannot accept the preliminary objection raised by the learned advocate-general against the maintainability of the writ petition. 31. re. point (b) : whether the amendment act supersedes the agreement entirely : the board is a statutory corporation. the petitioner, the board and the state entered into a tripartite agreement, first in the year 1966 .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-03-1988
Reported in : ILR1988KAR1783
..... orders granting temporary permits has failed to apply its mind to find out whether one or other of the circumstances mentioned in section 62, motor vehicles act, did exist, he acts without jurisdiction and the grant of the temporary permits is liable to be quashed in a petition under article 226, constitution of india, although the ..... by a pukka permit enabling respondent-2 to operate the service along with the pakka permit with continuous timings in circumvention of section 57(8) of the act. besides, the petitioner is seriously affected by the time schedule assigned in favour of respondent-2 on identical route between udupi and kankanady but for a small ..... is that the reasons for grant of temporary permit mentioned in the application do not come within the purview of section 62 of the motor vehicles act, 1939 (hereinafter called 'the act ;) and that the application itself was not maintainable. the further contention is that the grant was made by circulation and it is apparent from the .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-28-1988
Reported in : ILR1988KAR3347
..... the presumption even under section 4 could be raised in this case. to sum up briefly on this point i hold that if foundation is laid as required under section 65 of the evidence act, that the original is lost or is in the custody of the adversary who does not produce it in spite of notice then ..... the execution of the document secondary evidence thereof can be given and presumption under section 114 of the evidence act could be raised provided that sound foundation for leading secondary evidence is laid. as i found that no such foundation is laid secondary evidence cannot be looked into and for the reasons aforesaid the judgment and decree of the ..... admitted in evidence now only assumes an academic question for the reason that i have come to the conclusion that no foundation has been laid for leading secondary evidence as required under section 65 of the evidence act and that neither jangamaiah nor the second defendant came in possession of these properties. it has been urged for the .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-13-1988
Reported in : ILR1989KAR2138
..... it was held that he was entitled to claim reduction in the contract rate, having regard to the fact that there was a substantial alteration in the very foundation of the contract.in the instant case, as rightly submitted by sri gundu rao, learned counsel for the plaintiff, clause no. 16 does not enumerate the grounds ..... a claim against the contractor-plaintiff for having failed to execute the contract. thus, the clause enables the contracting party-defendant to take advantage of his own acts of commission and omission resulting in breach of the contract. in the aforesaid decision, the bar of claim against the state related to the details of quantities ..... of limited jurisdiction and not to the ordinary civil courts whose jurisdiction is confined to territorial as well as pecuniary and are established under the karnataka civil courts act, 1964 and similar such enactments in the various other states of the union of india. in this connection, learned counsel for the plaintiff has placed reliance .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-23-1988
Reported in : [1992]75CompCas712(Kar); 1989(1)KarLJ52
..... on a higher plane, so as to inspire confidence and leave the impression in the minds of the public that their claims are not resisted on unsound and insecure foundations with frivolous pleas and reckless allegations. 76. on the facts and in the circumstances of this case, it is difficult to conclude that the fight projected by ..... d-6 were held proved, they would not help the defendant in satisfying the three requirements laid down in the second part of section 45 of the insurance act, 1938 ('the act',for short). he relied upon certain authorities in support of the appeal to which we would advert a little later. 16. on the other hand, sri b ..... be satisfied that the circumstantial evidence irresistibly leads to the inference that the person in question must have signed it or written it. section 47 of the evidence act deals with the question of identification of handwriting. handwriting may be acquainted with the handwriting by that person in answer to documents purporting to be written by that .....
Tag this Judgment!Court : Karnataka
Decided on : May-27-1988
Reported in : ILR1988KAR2817; 1988(2)KarLJ455
..... being the life insurance corporation of india, (to be shortly called the 'corporation') who is admittedly the owner of the suit plot had arranged for laying a foundation stone on the 26th of september, 1986 signifying the commencement of a project for constructing 122 houses on the suit plot for the benefit of the policy holders ..... the railways declined the request and hence the claim for holding railways bound to their earlier assurance, regard being had to the fact that the company had fully acted upon the same. under those circumstances, the court held the, railways bound to the assurance given earlier in the context. the court made in that enunciation the ..... following observations:'the court, however, would compel the opposite party to adhere to the representation acted upon or abstained from acting. the entire doctrine proceeds on the premise that it is reliance based and nothing more.xx xx xx xxthe concept of detriment as it now .....
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