Judgment Search Results Home > Cases Phrase: karnataka prohibition act 1961 section 50 analysis of articles mentioned in section 16 Sorted by: old Page 1 of about 1,243 results (0.205 seconds)

H.M. Krishna Reddy Vs. H.C. Narayana Reddy

Court : Karnataka

Reported in : AIR2001Kant442; ILR2001KAR3870

..... (b) subject to the provisions of sections 39 and 80 of the karnataka land reforms act, 1961 (karnataka act 10 of 1962), whenever a fragment is proposed to be sold, the owner thereof shall sell it to the owner of a contiguous survey number or recognised sub-division of a survey number (hereinafter referred to as the contiguous owner). ..... inother words, when they want to 'fix the date of performance' in the 'agreement of sale' without reference to a 'calendar date', the agreement must mention the nature and description of future event, which according to the knowledge of the parties or 'common knowledge' is 'certain to happen'. ..... shamanna gounda and others, for the proposition that the words 'date fixed' occurring in article 54, has reference to not merely 'calendar dates' but also 'dates with reference to an event certain to happen'. ..... though, the argument at the first sight is attractive, but on a careful analysis, the same is liable to be rejected, for the reasons to be found herein below.13. ..... besides, it is also necessary to note, the fragmentation act did nottotally prohibit 'sales'. ..... the said act which was in force during the time when the agreement was executed, prohibited the sale of any 'fragment', except with the permission of the tahsildar or the owner of the contiguous land of the same survey number. ..... fragmentation prohibited. ..... but there was no total prohibition. .....

Birendra Kishore Manikya Vs. Akram Ali

Court : Kolkata

Reported in : (1912)ILR39Cal439

..... the case is clearly not one within the ancient-prohibition which, we are told, was in force in the early days of last century, that a rent-free grant was not valid against the heir or purchaser of the grantor. ..... it is, however, some authority for the plaintiff's contention that article 130 really covers cases of resumption under the old regulations, and does not apply to suits such as these under appeal. ..... article 130 of the first schedule of the limitation act, 1908, provides a period of twelve years within which a suit must be brought for the resumption or assessment of rent-free land, and the period begins to run when the right to resume or assess the land first ..... it was observed by lord davey that a mere notice by a person holding for his life, that he claimed to be holding on a perpetual or hereditary tenure, would not make his possession adverse within the meaning of the limitation act, so as to bar a suit for possession on the expiration of his life-tenancy. ..... if any rent had been previously paid for the tank, or any part of it that fact also would have been mentioned. ..... and as the obligation to pay rent is a recurring obligation the landlord cannot be barred by article 130.12. ..... land of the tank, and that the suit was instituted within 12 years from the 25th may 1896, the date of the final publication of the record-of-rights prepared under chapter x of the bengal tenancy act.5. .....

Roberts Vs. United States

Court : US Supreme Court

..... court to increase the sentence from two to three years is challenged on two grounds: (1) properly interpreted, the probation act does not authorize a sentence imposed before probation, the execution of which has been suspended, to be set aside and increased upon revocation of probation; (2) if construed to grant such power, the act to that extent violates the prohibition against double jeopardy contained in the fifth amendment. ..... a comprehensive two-volume report by the attorney general entitled "survey of release procedures," published in 1939, adopted this interpretation of section 2: "where imposition of sentence was originally suspended and probation granted, and the probation and suspension are later revoked, it is plain that, before the offender can be imprisoned, ..... if, then, the power to set aside and increase the prison term of the original sentence is to be inferred at all from section 2, it must be drawn from the clause which empowers the court after revocation of the probation and the suspension of sentence to "impose any sentence which ..... 271 in a carefully considered opinion reached the conclusion that, if congress had intended by section 2 of the probation act "to create such an important power [as that for which the government here contends], it would seem that more explicit ..... apparent that, if we accept the government's interpretation, this express distinction which section 1 draws between the alternative methods of imposing sentence would be completely obliterated .....

M.R. Venkataraman Vs. Commissioner of Police and anr.

Court : Chennai

Reported in : AIR1951Mad1015

..... that all laws in force in the territory of india immediately before the commencement of the constitution in so far as they are inconsistent with the provisions of part iii, shall, to the extent of such inconsistency, be void; and clause (2) prohibits the state, which includes the centre as well as the constituent states, from making any law which takes away, or abridges the rights conferred by part iii and any law made in contravention of this clause ..... not repugnant to the provisions of part iii of the constitution, they could be given effect to and that under article xxiii of 1949 there can be a preventive detention and if that preventive detention is directed for a period of three months, such detention could be perfectly legal and in that sense that portion of act xxiii of 1949 relating to preventive detention, namely, section 2, clause (1), can remain in the statute book and be considered as law in force not inconsistent with the ..... law providing for preventive detention, but in any such law the safeguard of the opinion of the advisory board with the special qualifications mentioned in article 22(4) to enable the detention to exceed the period of three months is made clear, and if such a law passed in those terms exists, the state however is empowered to dispense with the advisory board's opinion and detain a person .....

Lakshmamma and ors. Vs. M. Jayaram

Court : Karnataka

Reported in : AIR1952Kant114; AIR1952Mys114

..... it is no doubt true that emphasis was laid in that case on the presumption under section 18 of the negotiable instruments act that every negotiable instrument was made or drawn for consideration only until the contrary is proved. ..... section 114 of the evidence act states:'the court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their ..... 'the illustrations given to the above section are not exhaustive of cases in which the presumptions arise. .....

S. Nanjundasetty Vs. Silpi Venkatachar and ors.

Court : Karnataka

Reported in : AIR1953Kant122; AIR1953Mys122

..... shame gowda', 10 mys lj 478 (a) and the effect of the purchase is to bring about a merger of rights as mortgagee with those of purchaser except in relation to a puisne mortgagee under section 101, transfer of property act. ..... there is no prohibition for a mortgagee being the purchaser of the property mortgaged to him see -- 'nimma subba rao v. ..... both these mention that the property was purchased by defendant 1 subject to the mortgage. ..... as stated in mulla's transfer of property act at page 559 'when the mortgagee purchases the equity of redemption and acquires ownership he may keep the mortgage alive for his own defence as against a puisne encumbrance but the mortgage is nevertheless extinguished as , between .....

R. Muninarayana Reddy and ors. Vs. C.P. Chinnaswamy Gownder

Court : Karnataka

Reported in : AIR1952Kant120; AIR1952Mys120

..... his view seems to be that though the letter is genuine it cannot affect the obligation of the vendors under section 55 of the transfer of property act as there is no provision in the sale deed to exempt the vendors from liability for discharge of prior encumbrances.3. ..... if the terms of that letter could be taken into account, the claim has to be disallowed as it expressly mentions that respondent has undertaken liability for the repayment of dues.4. ..... the argument would be correct if sections 91 and 92 of the evidence act can be relied upon for this. ..... muthiah kone' : air1925mad968 , it was held that a recital of this kind is not a term of the contract and evidence to prove that the vendee was aware of the defect was held to be not inadmissible under section 92 of the evidence act.5. .....

Doddarangappa Vs. Kenchegowda and ors.

Court : Karnataka

Reported in : AIR1953Kant111; AIR1953Mys111; (1954)32MysLJ111

..... amir begam', 8 all 324 (b), 'the plaintiff in the present suit could not be treated as a party claiming under his mortgagors, within the meaning of section 13 of the civil procedure code, and that section must be interpreted as if, after the words 'under whom they or any of them claim', the words 'by a title arising subsequently to the commencement of the former suit' had been inserted. ..... the section would however not be applicable unless the plaintiff could be said to be claiming under the 4th defendant in the previous suit filed against the latter and it could be said that the plaintiff is litigating under the ..... 'the question as to whether the plaintiff is bound by the previous decision to which his mortgagor was a party depends upon the construction of section 11, civil p. c. .....

Gullegar Setty Vs. the State of Mysore

Court : Karnataka

Reported in : AIR1953Kant31; AIR1953Mys31; ILR1953KAR298

..... gulur sreenivasa rao, learned counsel for the petitioner, has raised a bather interesting question and that is that the case of his client does not fall under section 4(1) (j), prohibition act, which refers to consuming liquor or any intoxicating drug within a 'dry' area. ..... he was charged with an offence under section 66(b), bombay prohibition act, of having consumed an intoxicant without a permit. ..... the petitioner has been convicted by the special first magistrate, shimoga, for an offence under section 4(1) (j), mysore prohibition act, and sentenced to pay a fine of rs. ..... section 5, prohibition act, applies no doubt to cases where, irrespective of the place of drinking, the accused is found intoxicated either in a public place or in a private place within a 'dry' area, and section 4(1) (j) to cases where the accused has consumed liquor within the 'dry' area. ..... in this connection he has referred to section 5, prohibition act. ..... it is not disputed that the whole of shimoga district is a prohibition or 'dry' area and that the prohibition act fully applied in that area; nor is it now contended that the accused had not consumed any liquor. ..... the advocate-general had also relied upon section 106, evidence act, and argued that as the fact of drinking was within the special knowledge of the accused, the burden lay upon him to prove that he drank liquor outside the limits of the jurisdiction of the magistrate. .....

S. Ramanna and ors. Vs. Abbas Hussain

Court : Karnataka

Reported in : AIR1954Kant133; AIR1954Mys133

..... he, however, came to the conclusion that the respondent owned sufficient properties and was in a position to discharge his debts and therefore under section 25 of the insolvency act the court would be justified in dismissing the application for insolvency. ..... somasekhara rau, learned counsel for the appellant, contends that nevertheless this court may under section 75(3) examine the order of the district judge and determine about its legality and correctness, and that the present case is one in which such powers of revision ought to be exercised in favour of his client. ..... he urges that under section 75(1) of the mysore insolvency act xi of 1925 which governs this case, only certain orders passed under the act are subject to second appeal and that the present order, which falls under section 25 of the act, is not liable to be appealed against to the high court. ..... never taken in the objection statement filed before the subordinate judge, the ground relied on then being that the sale of the house in bhadravati which was in execution of a decree for arrears of assessment was not an act of insolvency and did not afford a ground to the creditor for making the application. ..... the language of section 75(1) and those cases clearly support the objection he has taken and a second appeal, therefore, does not lie in this case. 3. .....