Court : Karnataka Dharwad
..... shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the hindu succession (amendment) act, 2005 had not been enacted. explanation.-for the purposes of clause (a), the expression son , "grandson" or great- grandson shall be deemed to refer to the ..... :61. : rfa no.4174/2012 c/w. rfa crob.109/2013 provided that in the case of any debt contracted before the commencement of the hindu succession (amendment) act, 2005, nothing contained in this sub-section shall affect- (a) the right of any creditor to proceed against the son, grandson or great-grandson, as the case may ..... had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not. (4) after the commencement of the hindu succession (amendment) act, 2005, no court shall recognise any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from grandfather his or father, great .....
Tag this Judgment!Court : Karnataka Dharwad
..... may add a small concurring note.54. the arbitration and conciliation act, 1996, based on uncitral model law is a marked departure from the earlier arbitration act, 1940 and the very purpose of this new enactment as amended in last recently by amendment act of 2015 (act no.3 of 2016) is to expedite the dispute resolution through ..... another 28 challenging the jurisdiction of the arbitrator. in krishna bhagya jala nigam and others vs. g harischandra reddy and another reported in 2005(2) kccr1489(db), regarding section 16 of the act and the appellant before it not challenging the jurisdiction of the arbitrator at the appropriate time, the court was pleased to observe in ..... supreme court in the case of dharma prathishthanam vs. m/s.madhok construction private limited, 2005 (9) scc686dealing with the provisions of old 1940 act, was rather misplaced. the said decision is not applicable under the new act of 1996 in view of the significant change of scheme of appointment of arbitrator through the .....
Tag this Judgment!Court : Karnataka Dharwad
..... that happens there is no question of his undergoing another life sentence. to the extent the decision in kamalanantha case [kamalanantha v. state of t.n., (2005) 5 scc194:2005. scc (cri) 1121]. takes the view that the court can for each offence award suitable punishment which may include multiple sentences of imprisonment for life for ..... in prosecution of that object. the most important ingredient of unlawful assembly is common object. common object of the persons composing that assembly is to do any act or acts stated in clauses first , second , third , fourth and fifth of that section. common object can be formed on the spur of the moment. course ..... has not conducted test identification parade. but it is well settled proposition of law that the identification of the accused persons under section 9 of indian evidence act comes into picture only when the identification of the accused persons is doubtful or when the accused persons are strangers to the alleged incident. in the instant .....
Tag this Judgment!Court : Karnataka Dharwad
..... that happens there is no question of his undergoing another life sentence. to the extent the decision in kamalanantha case [kamalanantha v. state of t.n., (2005) 5 scc194:2005. scc (cri) 1121]. takes the view that the court can for each offence award suitable punishment which may include multiple sentences of imprisonment for life for ..... in prosecution of that object. the most important ingredient of unlawful assembly is common object. common object of the persons composing that assembly is to do any act or acts stated in clauses first , second , third , fourth and fifth of that section. common object can be formed on the spur of the moment. course ..... has not conducted test identification parade. but it is well settled proposition of law that the identification of the accused persons under section 9 of indian evidence act comes into picture only when the identification of the accused persons is doubtful or when the accused persons are strangers to the alleged incident. in the instant .....
Tag this Judgment!Court : Karnataka Dharwad
..... that happens there is no question of his undergoing another life sentence. to the extent the decision in kamalanantha case [kamalanantha v. state of t.n., (2005) 5 scc194:2005. scc (cri) 1121]. takes the view that the court can for each offence award suitable punishment which may include multiple sentences of imprisonment for life for ..... in prosecution of that object. the most important ingredient of unlawful assembly is common object. common object of the persons composing that assembly is to do any act or acts stated in clauses first , second , third , fourth and fifth of that section. common object can be formed on the spur of the moment. course ..... has not conducted test identification parade. but it is well settled proposition of law that the identification of the accused persons under section 9 of indian evidence act comes into picture only when the identification of the accused persons is doubtful or when the accused persons are strangers to the alleged incident. in the instant .....
Tag this Judgment!Court : Karnataka Dharwad
..... award in an appropriate jurisdiction. the other relevant clause is clause 18 which deals with other terms. it reads as follows: 18. other terms a. any amendments to this contract are valid only if they are in writing and signed by the both parties. b. all prior communications and negotiations, written or verbal, ..... co-op. urban bank shareholders welfare assn. v. ramesh kumar bung reported in (2021) 9 scc152 state of orissa v. debendra nath padhi reported in (2005)1 scc568and nitya dharmananda v. gopal sheelum reddy reported in (2018)2 scc93in support of his contentions. submissions of the private respondents:7. the learned senior ..... the concerned purchasers issued the cheques in favour of the complainant, such cheques got dishonored. under no circumstances, the applicants could be held responsible for the act of the concerned purchasers. (emphasis added) both the afore-extracted judgments were concerning a facilitator or an intermediary. the facilitator or intermediary cannot be permitted .....
Tag this Judgment!Court : Karnataka Dharwad
..... for the period from the date of the said notification till the date of passing of the award. he contended that section 23(1a) has been inserted in the act pursuant to amendment made in the year 1984 in order to cover the period from the date of issuance of section 4(1) notification till the date of passing of the award ..... be awarded from the date of award, where possession has been taken prior to issuance of notification under section 4(1) of the act. in that view of the matter, the dictum of the division bench in mfa.179/2005 dated 07.09.2006 (the special land acquisition officer vs. v.g. ranasing and another), with respect, is contrary to the ..... appellants to contend that interest is payable from the date of preliminary notification under section 34 of the act as the observation of the division bench are contrary to the judgments of the supreme court referred to above. (b) in mfa.no.179/2005, another division bench of this court has referred to r.l.jain. that appeal was disposed by .....
Tag this Judgment!Court : Karnataka Dharwad
..... should be one, such rare incidents are justiceable before a court of law. the learned counsel for the petitioners submit that the impugned notification is therefore patently illegal and runs counter to various judgment of the supreme court and pray that the same may be quashed.9. per contra, the learned counsel shri ..... method and manner of providing such regulations. the executive committee of the council cannot proceed to amend or interpret the regulations by issuing the impugned circular without following the prescribed procedure under section 19a of the imc act. section 19a provides that the council may prescribe the minimum standards for medical education by universities ..... objections contending inter alia that the circular in question is issued pursuant to the observations contained in paragraph 131 of p.a. inamdar case, wherein 1 2005(6) scc537:6. : the apex court has consciously referred to the aspect of merit and held that the right of petitioners/private unaided medical colleges .....
Tag this Judgment!Court : Karnataka Dharwad
..... had reason to shield actual culprit and falsely implicate the accused [see harbans kaur v. state of haryana [harbans kaur v. state of haryana, (2005) 9 scc195:2005. scc (cri) 1213 :2005. cri lj2199 ]..32. if the evidence of an eyewitness, though a close relative of the victim, inspires confidence, it must be relied upon without ..... be committed in prosecution of that object. the most important ingredient of unlawful assembly is common object. common object of the persons composing that assembly is to do any act or acts stated in clauses first , second , third , fourth and fifth of that section. 167 - - common object can be formed on the spur of the moment ..... established that the unlawful assembly had common object, it is not necessary that all persons forming the unlawful assembly must be shown to have committed some overt act. for the purpose of incurring the vicarious liability for the offence committed by a member of such unlawful assembly under the provision, the liability of other members .....
Tag this Judgment!Court : Karnataka Dharwad
..... had reason to shield actual culprit and falsely implicate the accused [see harbans kaur v. state of haryana [harbans kaur v. state of haryana, (2005) 9 scc195:2005. scc (cri) 1213 :2005. cri lj2199 ]..32. if the evidence of an eyewitness, though a close relative of the victim, inspires confidence, it must be relied upon without ..... be committed in prosecution of that object. the most important ingredient of unlawful assembly is common object. common object of the persons composing that assembly is to do any act or acts stated in clauses first , second , third , fourth and fifth of that section. 167 - - common object can be formed on the spur of the moment ..... established that the unlawful assembly had common object, it is not necessary that all persons forming the unlawful assembly must be shown to have committed some overt act. for the purpose of incurring the vicarious liability for the offence committed by a member of such unlawful assembly under the provision, the liability of other members .....
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