Court : Karnataka Dharwad
..... 11334 wp no.102296 of 2022 and 37(2) of the stamp act. the documents said to be insufficiently stamped not produced in evidence, but produced subsequent to settlement of issues, at the time of filing interlocutory application for temporary injunction, the jurisdiction of the trial court to calculate the deficit stamp duty and penalty and direct ..... (1) when the person impounding an instrument under section 33 has by law or consent of parties authority to receive evidence and admits such instrument in evidence upon payment of a penalty as provided by section 34 or of duty as provided by section 36, he shall send to the deputy commissioner an authenticated copy of such instrument ..... chargeable under clauses (a) and (b) of section 3 with a duty of twenty-five paise shall, subject to all just exceptions, be admitted in evidence on payment of the duty with which the same is chargeable, or, in the case of an instrument insufficiently stamped, or the amount required to make up such duty, together .....
Tag this Judgment!Court : Karnataka Dharwad
..... discussion was made and held that when the suit is filed for the relief of cancellation of a document which provides for payment of court fee, in suits brought for cancellation of other documents such as a deed of settlement, gift deed or trust deed, it would not be appropriate to regard those documents as executed for a consideration or a specified ..... instrument is executed. if that instrument is a sale deed or a mortgage deed or lease deed, the consideration would be mentioned therein but in the case of deed of settlement and deed of gift or deed of trust, the consideration would be love and affection and the relationship cannot be valued in terms of money. that is the reason why ..... seeking the relief of cancellation of document and hence the court has to take note of section 38 of the act. in a suit for cancellation of document i.e. settlement deed, it is held that court fee has to be paid not on the value of the property specified in the document but on the actual value. the same is .....
Tag this Judgment!Court : Karnataka Dharwad
..... less common because they are discretionary and not compelled by law. in the insurance context, an ex-gratia payment refers to a settlement made by an insurance company voluntarily, even when it believes it is not legally obligated to do so, often - 19 - nc:2024. khc-d:8235- ..... legal responsibility. in law lexicon the word ex-gratia payment is defined as under: ex-gratia payment. payment made by one who recognizes no legal obligation to pay but who makes payment to avoid greater expense as in the case of a settlement by an insurance company to avoid costs of suit. a payment without legal consideration. in governance, ex gratia refers ..... to a relief payment granted by the state when there is no legislative, regulatory, or policy instrument mandating such a payment. these payments are made in the public interest to compensate .....
Tag this Judgment!Court : Karnataka Dharwad
..... less common because they are discretionary and not compelled by law. in the insurance context, an ex-gratia payment refers to a settlement made by an insurance company voluntarily, even when it believes it is not legally obligated to do so, often - 19 - nc:2024. khc-d:8235- ..... legal responsibility. in law lexicon the word ex-gratia payment is defined as under: ex-gratia payment. payment made by one who recognizes no legal obligation to pay but who makes payment to avoid greater expense as in the case of a settlement by an insurance company to avoid costs of suit. a payment without legal consideration. in governance, ex gratia refers ..... to a relief payment granted by the state when there is no legislative, regulatory, or policy instrument mandating such a payment. these payments are made in the public interest to compensate .....
Tag this Judgment!Court : Karnataka Dharwad
..... less common because they are discretionary and not compelled by law. in the insurance context, an ex-gratia payment refers to a settlement made by an insurance company voluntarily, even when it believes it is not legally obligated to do so, often - 19 - nc:2024. khc-d:8235- ..... legal responsibility. in law lexicon the word ex-gratia payment is defined as under: ex-gratia payment. payment made by one who recognizes no legal obligation to pay but who makes payment to avoid greater expense as in the case of a settlement by an insurance company to avoid costs of suit. a payment without legal consideration. in governance, ex gratia refers ..... to a relief payment granted by the state when there is no legislative, regulatory, or policy instrument mandating such a payment. these payments are made in the public interest to compensate .....
Tag this Judgment!Court : Karnataka Dharwad
..... less common because they are discretionary and not compelled by law. in the insurance context, an ex-gratia payment refers to a settlement made by an insurance company voluntarily, even when it believes it is not legally obligated to do so, often - 19 - nc:2024. khc-d:8235- ..... legal responsibility. in law lexicon the word ex-gratia payment is defined as under: ex-gratia payment. payment made by one who recognizes no legal obligation to pay but who makes payment to avoid greater expense as in the case of a settlement by an insurance company to avoid costs of suit. a payment without legal consideration. in governance, ex gratia refers ..... to a relief payment granted by the state when there is no legislative, regulatory, or policy instrument mandating such a payment. these payments are made in the public interest to compensate .....
Tag this Judgment!Court : Karnataka Dharwad
..... the same would be determined by the deputy commissioner as per the prescribed rules.73. chapter x of the act provides for provisions for the assessments and settlement of land revenue of agricultural land. the provisions of this chapter prescribe the manner in which the assessment on lands is determined and for this purpose, the ..... of the code, declares that all lands whether applied to - 36 - agriculture or other purposes, and wherever situate, would be liable to pay land revenue, unless payment is specifically exempted. thus, fundamentally, an individual who owns land, irrespective of the purpose to which it is applied to or irrespective of where it is situate, ..... or for a survey officer, subject to rules or orders made in this behalf under section 233, to prohibit the appropriation of any unalienated land liable to the payment of land revenue for certain purposes, and to summarily evict any holder who may appropriate, or attempt to appropriate, the same to such prohibited purposes. - 27 .....
Tag this Judgment!Court : Karnataka Dharwad
..... the same would be determined by the deputy commissioner as per the prescribed rules.73. chapter x of the act provides for provisions for the assessments and settlement of land revenue of agricultural land. the provisions of this chapter prescribe the manner in which the assessment on lands is determined and for this purpose, the ..... of the code, declares that all lands whether applied to - 36 - agriculture or other purposes, and wherever situate, would be liable to pay land revenue, unless payment is specifically exempted. thus, fundamentally, an individual who owns land, irrespective of the purpose to which it is applied to or irrespective of where it is situate, ..... or for a survey officer, subject to rules or orders made in this behalf under section 233, to prohibit the appropriation of any unalienated land liable to the payment of land revenue for certain purposes, and to summarily evict any holder who may appropriate, or attempt to appropriate, the same to such prohibited purposes. - 27 .....
Tag this Judgment!Court : Karnataka Dharwad
..... during the year 2016. therefore, notional income of 17 petitioner is taken as rs.8750/- which was normally taken as a notional income of a victim of an accident, for settlement of cases in lok adalath. the tribunal has not considered the future prospects of the petitioner. petitioner was aged 45 years at the time of accident. in the case of ..... tribunal. petitioner is entitled for enhanced compensation of rs.9,87,000/-with interest at the rate of 6% per annum on enhanced compensation from the date of petition till payment of entire amount. respondent no.2 is liable to pay the said amount. 2328. for the above discussions, we pass the following: order appeal is partly allowed with costs. impugned .....
Tag this Judgment!Court : Karnataka Dharwad
..... in respect of business of the firm to continue the business of the firm in his individual capacity and also restrain defendant from interfering in the said business without settlement of account of the defendant in the firm.-. 19 - rsa no.1035 of2007under these circumstances, section 69 of the indian partnership act, also squarely applicable to ..... - rsa no.1035 of2007ex.p5, he dissolved the firm and thereafter, he continued the same business in individual capacity i.e proprietary concern. it appears even without settlement of accounts in accordance with indian partnership act, he continued the business. in page no.11 and 12 of impugned judgment dated 12.12.2006 in ra no.126 ..... that the suit is not maintainable without availing the remedy by way of referring the dispute to the arbitrator as per clause 24 by the partnership deed for settlement?.5) do the defendant further proves that for the reasons stated in para 12 of the written statement, this court has no pecuniary jurisdiction to try this .....
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