Court : Karnataka Dharwad
..... to be justified on an erroneous appreciation of the ratio in surya dev and in view of the recent amendment to section 115 of the civil procedure code by the civil procedure code (amendment) act, 1999. it is urged that as a result of the amendment, scope of section 115 cpc has been curtailed. in our view, even if the scope of section ..... jurisdiction is constitutionally conferred on all high courts. broad principles of writ jurisdiction followed in england are applicable to india and a writ of certiorari lies against patently erroneous or without jurisdiction orders of tribunals or authorities or courts other than judicial courts. there are no precedents in india for the high courts to issue ..... , dharwad filed an application under the provisions of sections 3 and 7 of the charitable and religious trust act, 1920 (for short, the act ) read with go no.ekarop shashan-cr-72/2003-04 dated 04.06.2005 seeking declaration that the resolution no.2 dated 24.07.2012 passed in the meeting of the board of .....
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..... ushered in during the british regime in the year 1894 and has continued to rule the roost even today though some amendments have been made to this act sporadically. 96. insofar as the general land acquisition act, 1894 is concerned, the guiding factor is acquisition of private lands purpose. as our country was ruled by british and ..... to be made by the fourth respondent company, the state high level clearance committee had cleared the proposal in item no.2 of the proceedings dated 6.6.2005 held at the home office of the chief minister. after detailed discussions, the committee approved the project with sanction of following infrastructural assistances, incentives and concessions: ..... the case of acquisition proceedings even bereft of the concept of power of eminent domain of the state. 98. insofar as this act is concerned, that perception of eminent domain is not patent but latent as the acquisition by and large is by the state and for development as an industrial area which is again .....
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..... petitioner should not be penalised for the mistake caused by the court itself.21. the provisions of section 152 of code of civil procedure reads as under: 152. amendment of judgments, decree or orders. clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time ..... , tal: chikkodi, dist: belgaum. but, the actual ddpi at belgaum, the same is clerical typical mistake. and it is submitted that, the petitioner had submitted a amended copy of the plaint, in this plaint also the typical mistake that ddpi, chikkodi, the same is also not intentional or deliberate one it is an a unavoidable circumstances. ..... the said provision is actus curiae nemenim gravabit, i.e., nobody shall be prejudiced by an act of court.19. the code of civil procedure recognises the inherent power of the court. it is not only confined to the amendment of the judgment or decree as envisaged under section 152 of the code but also inherent power .....
Tag this Judgment!Court : Karnataka Dharwad
..... should not be penalized for the mistake caused by the court itself. 21. the provisions of section 152 of code of civil procedure reads as under: 152. amendment of judgments, decree or order.- clerical or arithmetical mistake in judgments, decrees or orders or errors arising therein from any accidental slip of omission may at any time ..... chikkodi, tal: chikkodi, dist: belgaum. but, the actual ddpi at belgaum, the same is clerical typical mistake. and it is submitted that, the petitioner had submitted a amended copy of the plaint, in this plaint also the typical mistake that ddpi, chikkodi, the same is also not intentional or deliberate one it is an a unavoidable circumstances. ..... the said provision is actus curiae nemenim gravabit, i.e., nobody shall be prejudiced by an act of court. 19. the code of civil procedure recognizes the inherent power of the court. it is not only confined to the amendment of the judgment or decree as envisaged under section 152 of the code but also inherent power .....
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..... , complaint was filed on 15/11/1995. so, the ruling cited by the learned advocate for the accused have not considered the scope of the negotiable instruments (amendment)act, 2002. 15. the proviso declare that cognizance of the complaint maybe taken by the court after the period of limitation, if the complainant satisfies the court that ..... that they can reasonably bear more than one meaning, that is to say, if the words are semantically ambiguous, or if a provision, if read literally, is patently incompatible with other provisions of that instrument, the court would be justified in construing the words in a manner which will make the particular provision purposeful. that, in ..... in regard to interpretation of amendment of negotiable instrument act 1881, by act 55 of 2002, on the aspect of limitation. 2. the appeal is coming on for admission, both the sides have submitted the arguments on merits. so, case is taken up for final disposal. 3. the complainant in c.c. no. 537/2005 on the file of .....
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..... of these petitions, when it was pointed out by the learned senior advocate, shri m.n. rao appearing for the state that section 25 of the principal act as amended by the 2011 amendment act was no longer on the statute book, an application was filed in the petition in wp 64805 868 of 2011, seeking to include an additional prayer specifically ..... court with regard to the interpretation of article 25 and 26 of the constitution of india in the following decisions: (1) bal patil and another vs. union of india, air 2005 sc 3172, (2) dr. ramesh yeshwant prabhoo v. prabhakar kashinath kunte, air 1966 sc 1113, (3) commissioner of wealth tax, madras and others vs. late r. sridharan by ..... . 33 of 2001). a learned single judge of this court having heard the matters on merits had, by an order dated 9.9.2005, held that the act was constitutionally valid. the order of the learned single judge was carried in appeal before a division bench of this court. the division bench on having heard extensive .....
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..... it is clear that the family of the appellant-accused owned large extent of lands and major portions of their holdings were lost pursuant to the amendment brought to the karnataka land reforms act in the year 1974. this show that the appellant-accused hailed from a rich family owning large extent of lands and therefore it would be reasonable ..... of sub-section (1) of section 13 corresponds to clause (e) of sub-section (1) of section 5 of the prevention of corruption act, 1947 (referred to as 'the old act'). but there has been drastic amendments. under the new clause, the earlier concept of "known sources of income" has undergone a radical change. as per the explanation appended, the prosecution ..... his explanation was worthy of acceptance . this view has been reiterated by the apex court in the case of d.s.p. chennai v k. inbasagaran (air 2006 sc 552 : 2005 air scw 6208 : 2006 cri.l.j. 319 (sc) : 2006 scc (cri.) 325 : (2006) 1 scc 420). keeping in mind the above said principles let me consider .....
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..... prayed for in both the writ petitions. he would submit that the first writ petition was filed challenging the sale notice dt.25.5.2007 and later it was amended to challenge the sale notice dt.5.7.2007 pursuant to which sale negotiations were held on 31.7.2007, while the second writ petition was preferred impugning ..... judgment is inapplicable. the learned counsel has also relied upon another judgment of the apex court rendered in civil appeal nos.2062 and 2063 of 2002 dated 30.03.2005. the hon ble apex court has held in the facts and circumstances obtaining therein, that effective steps had been taken to realize the maximum amount and the high ..... terms and conditions imposed thereunder. as a consequence of its failure, the corporation exercised the powers vested in it under section 29 of the state financial corporation act (for short the act ) and took the possession of the running hospital on 21.04.2007. the mahazar was drawn up and the premises were locked and the corporation deployed its .....
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..... contra, sri ravi balikai, learned counsel appearing for respondent no.3 relied upon a ruling of this court reported in ilr 2005 kar 4852 between smt. gangamma and another vs. tahsildar and others wherein this court has observed that amendment of the order of the land tribunal whether permissible - survey report given application filed to the land tribunal to ..... land, got the land measured and thereafter found that the tenant was in actual possession of 5 acres 36 guntas and thereafter only granted the land. the said act has been done by the land tribunal when the owner of the land was very much on record giving opportunity to the parties. therefore, the land tribunal has ..... has not followed the rules for inquiry as contemplated u/s. 48a of the karnataka land reforms rules and sections 17 and 19 of the karnataka land reforms act and the land tribunal has failed to issue public notice or notice to the petitioner before considering form no.7 filed by respondent no.3. no opportunity has .....
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..... case of state of tamil nadu vs state of kerala reported in air 2014 sc 2407 while examining the constitutionality of kerala irrigation and water conservation (amendment) act, 2006 and declaring it as unconstitutional in its application to and effect on the mullaperiar dam was also examining the separation of powers between legislature, ..... purposes of rejection for reasons more than one. state of andhra pradesh enacted andhra pradesh private aided educational staff (regulation of pay) ordinance, 2005 (ordinance 3 of 2005) relating to certain service conditions of the employee both teaching and non-teaching of the educational institutions run by private organizations. the validity of ..... scheme and pension was challenged by some aided employees in hon'ble high court of karnataka in writ petition nos. 14676/2001, 871/2004, 19431/2005 and 5145/2007 and upholding the contention of the petitioners that the triple benefit scheme rules and the government orders are not inconsonance with section 87 .....
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