Court : Delhi
..... however the court while allowing such application has to draw a distinction between delay and inordinate delay for want of bona fides of an inaction or negligence would deprive a party of the protection of section 5 of the limitation act, 1963. ..... the present application has been filed by the appellant under section 5 of the limitation act for condonation of 585 days delay in filing the present appeal. ..... in state of karnataka & ors. v. s.m. ..... kanshi ram (ilr (1918) 45 cal 94 (pc) it was observed that true guide for a court to exercise the discretion under section 5 is whether the appellant acted with reasonable diligence in prosecuting the appeal. .....
Tag this Judgment!Court : Delhi
..... however, the court while allowing such application has to draw a distinction between delay and inordinate delay for want of bona fides of an inaction or negligence would deprive a party of the protection of section 5 of the limitation act, 1963. ..... in state of karnataka & ors. v. s.m. ..... the supreme court of india has repeatedly held that the expression sufficient cause in section 5 of the limitation act should be given a liberal interpretation to advance substantial justice. .....
Tag this Judgment!Court : Delhi
..... we are conscious of the fact that it has been repeatedly held that the court must take a liberal approach in considering the applications filed under section 5 of the limitation act seeking condonation of delay provided that the delay has not been caused on account of negligence, inaction, carelessness or for the reasons which are not explained.6. ..... . however the court while allowing such application has to draw a distinction between delay and inordinate delay for want of bona fides of an inaction or negligence would deprive a party of the protection of section 5 of the limitation act, 1963 ..... . m.krishnamoorthy reported as 1998 (7) scc123wherein it has been held that the court should adopt a liberal approach while disposing of applications for condonation of delay and that the word sufficient cause under section 5 of the act should receive a liberal construction so as to advance the cause of substantial justice.5 ..... . in state of karnataka & ors. v. s.m ..... . his acts and statements, made within the limits of authority given to him, are the acts and statements of the principal i.e .....
Tag this Judgment!Court : Supreme Court of India
..... however the court while allowing such application has to draw a distinction between delay and inordinate delay for want of bona fides of an inaction or negligence would deprive a party of the protection of section 5 of the limitation act, 1963. ..... aggrieved, the petitioners and other persons interested filed references under section 18 of the act for enhancement of compensation and the reference court made the award on 7.9.2001 assessing the market value of the land @ rs.1,85,000/- per acre and they were also given other statutory benefits.4. ..... in state of karnataka & ors. v. s.m. ..... applications in rfa no.5793 of 2012 for condonation of delay of more than10 years in filing the appeal under section 54 of the land acquisition act, 1894 (hereinafter referred to as the act ).2. ..... land of the petitioners alongwith the lands of others admeasuring 134 acres, 5 kanals and 10 marlas situate in revenue estate of village manakpur, hadbast no.386, tehsil jagadhri, district yamuna nagar stood notified under section 4 of the act on 8.9.1993. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC3009; 2009CriLJ4130; JT2009(13)SC679; RLW2010(1)SC164; 2009(8)SCALE816:2009AIRSCW4840
..... - any person --(a) who has been arrested in connection with an offence punishable under section 96 of the karnataka police act, 1963, or in connection with an offence punishable of the karnataka police act, 1963, or in connection with an offence punishable with rigorous imprisonment for a term of one year or upward or in connection with an offence for the commission of which on a second or subsequent occasion enhanced penalties have been provided for under any ..... so far as the accused is concerned the prisoners act apply at both pre trial and post trial stages. ..... sections 3, 4 & 5 of the prisoners act read as follows:3. ..... it was pointed out that sections 4, 5 & 6 of the identification of prisoners act, 1920 (in short the 'prisoners act') provided sufficient guidelines. ..... 1, 2, 3, 8 & 9 are incapable of implementation and in any event suggestions arc provided in the prisoners act, m.p. ..... it is submitted by learned counsel for the state that most of these directions are impracticable and in some cases run counter to the statutory mandate of the prisoners act.5. ..... challenge in this appeal is to the order passed by a learned single judge of madhya pradesh high court, indore bench, which gave certain directions to the state government in the matter of identification of prisoners and methodology for investigation. .....
Tag this Judgment!Court : Karnataka
Reported in : 1992CriLJ1606; 1991(2)KarLJ375
..... the principles mentioned above as indicated in section 96 of the act of 1963, 54, 55 and 56 of the same act read with act 5 karnataka habitual offenders act of 1961, karnataka prohibition beggary act of 1971 and identification of prisoners act of 20 including para 1058 of karnataka police manual it is clear that for the purpose of getting any measurements or photograph of a person by a police it shall be a) preceded by a prior sanction of the police officers or such an act by the police officer only under exceptional circumstances. ..... history-sheet are not sanctioned by identification of prisoners act of 1920; (3) before taking such an action, the police has to take prior sanction from the magistrate as ..... in compelling the petitioners to put their thumb marks and obtaining their photos are not only acts of highhandedness on the part of respondents but they are a clear case of misusing the powers on the one hand and misconstruing the provisions of criminal procedure code, karnataka police act and instructions given in the police manual and also identification of prisoners act of 1920; (2) the instructions that have been given in the police manual regarding maintaining .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR924; 1997(3)KarLJ101
..... 5 of the act, itself, would clearly indicate that, section 7 of the act is not applicable to the present case, for, if section 7 were to apply, then no re-grant could be made under section 5 of the act, consequently when once the order of re-grant is made, in favour of the two branches in 1979, the state is divested of its title and it is not entitled to invoke the provisions of the act or the karnataka land revenue act to resume the ..... it therefore follows that a person in whose favour, a service inam land is alienated during the period 1.2.1963 to 7.8.1978 by a 'holder' or an 'authorised holder', before re-grant to such holder or authorised holder under section 5(1) or 6, will neither be a 'holder' or an ..... in section 7 of the act is one of the modes of regrant after resuming the land from the unauthorised holder and that it cannot be pressed into service for resuming the land from the possession of a person who comes into possession of the land after 1.2.1963, whether under a valid ..... : ilr1987kar550 and : ilr1989kar1520 respectively) it has been assumed, without basis, that an alienee with imperfect title (that is alienee during the period 1.2.1963 to 7.8.1978) is an 'unauthorised holder' who could be evicted under section 7. ..... an alienee in possession of a service inam land, in pursuance of an alienation between 1.2.1963 and 7.8.1978, is not a person without any right, but a person who gets an imperfect title with possession on the date of alienation and whose title gets perfected .....
Tag this Judgment!Court : Karnataka
Reported in : 2006(6)KarLJ678
..... 1961 and the first sale transaction in respect of this land was in the year 1963 and the subsequent sale by the purchaser before the assistant commissioner under the provisions of the karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978 (for short, 'the act') having failed and also being not successful before the deputy commissioner in appeal for ..... , what is principally urged is that as the land in question had already been acquired by the board even by the time an application was moved under the provisions of the act before the assistant commissioner, the assistant commissioner and the deputy commissioner do not have jurisdiction to entertain the matter thereafter and the application is rightly rejected by the assistant commissioner and the ..... puram hobli; that in view of final notification issued under section 28(4) of the karnataka industrial areas development act, 1966 and the publication of the same in the gazette, the land has now vested with the government with no encumbrance in terms of section 28(5) of the said act; that the owner of such land being entitled to claim compensation and the board having already deposited ..... the effect of the operation of section 4 of the act on the transaction of this nature is that the transfer of the year 1963 or the subsequent transfer are all rendered null and void and it is deemed that no ..... 1963 and 1968-69 are voided in view of operation of provisions of sub-section (1) of section 4 of the act .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2003KAR2177
..... pension and provident funds:- (1) xxx xxx xxx(2) persons in government services transferred to the university under section 7 shall be entitled to pension under the karnataka state civil services rules or such other rules as were applicable to them immediately before the transfer and such pension shall be payable by the state government and shall be an expenditure ..... representation of petitioners at annexures e1 to e16 and also the recommendation made by the second respondent vide annexures f1 to f17 keeping in view the observations made in this order and section 32(2) of the act and also the law laid down by the apex court in d.s.nakara's case referred supra and pass suitable order within eight weeks from the date of receipt of this order. ..... this court has referred to various provisions of the constitution and the uas act of 1963 in view of the legal stand taken by the state government and recorded its ..... government pleader on behalf of the first respondent to contend that the petitioners are not entitled for pensionary benefits, the contention is examined keeping in view sub-section (2) of section 32 of uas act and another go dated 24.8.1984 by which the state government has enhanced the age of superannuation of government servants from 55 years to 58 years. ..... services their service conditions were protected in the recognised karnataka state under karnataka civil service rules and under section 115 of the states reorganization act, 1956. ..... in the case of state of karnataka v. k. .....
Tag this Judgment!Court : Karnataka
Reported in : 2005(6)KarLJ83
..... third respondent is concerned, the order dated 6-8-1981 passed by the assistant commissioner concluded the proceedings against him insofar as the nature of the sale transaction of the year 1963 was concerned, and the third respondent having not carried the matter any further, can never derive any benefit pursuant to the order passed by this court in the earlier ..... this court had passed this order in the writ petition as when the petitioner had applied to the assistant commissioner under the provisions of the act, the assistant commissioner in terms of the order dated 6-2-1981 though had found that the transaction of the year 1963 was one in violation of the terms of the grant and therefore required to be invalidated, nevertheless, for some other reasons, while forfeited ..... in tumkur district and whose efforts to get back the land under the provisions of the karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978 (for short, 'the act'), claiming benefits under this act for persons like him, as he had parted the land in favour of the father of the third respondent in the year 1963 through a sale deed, is yet to fructify.2. ..... of the assistant commissioner for the reason that according to appellate authority and in terms of the law laid down by this court, in the context of rule 29-a of the karnataka land grant rules, 1969, a sale in favour of a person belonging to scheduled caste is saved, though it is in violation of other conditions etc. .....
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