Court : Karnataka
Reported in : AIR2002Kant365
..... the pendency of the present litigation, the state legislature in order to meet certain objections raised in the present proceedings, regarding workability of the act has passed the roerich and devikarani roerich estate (acquisition and transfer) (amendment) act, 2001 inserting section 19a which provides for disbursement of amount to the owners, transferees and other interested persons. ..... out of the amount paid to him in relation to the estate, there is a balance left after meeting the liabilities specified in schedule-ii, the commissioner shall disburse such balance to the owners, transferees and other interested persons. ..... state legislature felt that the roerich estate has acquired the status of national heritage and it is essential to preserve the same in public and national interest, accordingly, after obtaining the assent of the president on 15-11-1996, the roerich and devikarani roerich estate (acquisition and transfer) act, 1996 (karnataka act 19 of 1996) (in short the 'act') as enacted by the state legislature was brought into force with effect from 21-11-1996. ..... (3) for the removal of doubts it is hereby declared that the liability of the owners or transferees in relation to the estate which has vested in the state government under section 3 shall be discharged from out of the amount referred to in section 7 and also from out of the amounts determined under sub-section (1) in accordance with the rights and interest of the creditors of the owners or transferees, as the case .....
Tag this Judgment!Court : Karnataka
Reported in : 2002(6)KarLJ27
..... subsequently, during the pendency of the present litigation, the state legislature in order to meet certain objections raised in the present proceedings, regarding workability of the act has passed the roerich and devikarani roerich estate (acquisition and transfer (amendment) act, 2001 inserting section 19-a which provides for disbursement of amount to the owners, transferees and other interested persons. ..... the prayer in the present writ petition is to declare section 110 of the karnataka land reforms act, 1961 (in short, the 'land reforms act') and the roerich and devikarani roerich estate (acquisition and transfer) act, 1996 (in short, the 'acquisition act') as unconstitutional and also to quash the gazette notification, dated 18-3-1994 issued by the state government under section 110 of the land reforms act, by which exemption granted to the lands used for cultivation of linaloe trees from operation of the land reforms act hag been withdrawn.3. ..... (3) for the removal of doubts it is hereby declared that the liability of the owners or transferees in relation to the estate which has vested in the state government under section 3 shall be discharged from out of the amount referred to in section 7 and also from out of the amounts determined under sub-section (1) in accordance with the rights and interest of the creditors of the owners or transferees, as the case may be'. 33. .....
Tag this Judgment!Court : Supreme Court of India
..... the roerich and devikarani roerich estate (acquisition and transfer) act, 1996, the legal validity of section 110 of the karnataka land reforms act, 1961, notification no.rd217lra93dated 8-3-1994 issued by the state government thereunder and the scope ..... has been inserted to regulate the growing business, trade, commerce and industrial activities of the country and the strict liability to promote greater vigilance in financial matters and to safeguard the faith of the creditor in the ..... if there is no reason except incompatibility of temperament, but this much is certain that if there is such disagreement that the husband and the wife cannot pull together, it is better for themselves, for their offspring and for society in general that they should be separated than that they should be ..... the infection, or (iii) after the last act of compulsory prostitution; (f) that the defendant is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the indian penal code (45 of 1860): provided that divorce shall not be granted on this ground, unless the defendant has prior to the filing of the suit undergone ..... matters of faith and belief are protected by article 25 of the constitution, yet law relating to marriage and divorce were matters of faith and belief, were also liable to be tested on grounds of public order, morality and health, ..... licence granted to them by a , and therefore, on his death his natural son and disciple, the appellant became the owner .....
Tag this Judgment!Court : Karnataka
..... property is no more available for the parties by virtue of the acquisition of the same by the government through a special statute bearing la(bill)no.18/1996 the roerich and devika rani roerich estate (acquisition and transfer) bill 1996 vide gazette notification dated ..... section 34(3) of the registration act, 1908, (for short, 'the act'), empowers the registrar when a document is presented for registration to enquire and satisfy himself on certain ..... was right in allowing the appeal preferred by the plaintiff as the trial judge committed blatant error and judgment of the trial court is perverse, arbitrary and liable to be set aside and was rightly done so by the first appellate judge by allowing the appeal and setting aside the judgment of the trial court consequently decreeing the suit ..... mme devika rani roerich and her husband dr.svetoslav roerich both being the absolute owners of the property known as tataguni estate situate at bangalore ..... to mme devikarani roerich was rs.79,50,000/- and 46 ..... providing authenticity to document it was by act of registration title, of property passes to transferor from date of execution of deed of transfer suit could not have been instituted by appellant without producing in evidence registered sale deed therefore for purpose of instituting suit and for starting of limitation for 89 challenging sale deed would be knowledge of fact of registration of document which created entitlement of appellant to institute suit prior to registration of document, appellant was .....
Tag this Judgment!Court : Karnataka
..... of a subsequent acquisition of rights over the transfer and with a view to keep him bound by his earlier contract with the transferee, section 43 has been ..... only exceptions to this personal appearance of the executant is in the case of registration of wills (section 41), deposit of wills (section 43), proceedings on the death of depositor of wills (section 45), power of inspector-general to superintend registration offices (section 69), order by registrar to register (section 75), direction of the court to register (section 77), registration of documents executed by government officers (section88) and copies of certain orders, which provided that, if owing to urgent necessity or unavoidable accident all such persons do not ..... the decision relied upon by the learned counsel in devikarani roerich would also be of no consequence since the said decision only states that the non- ..... accordingly, decreed the suit in part and while refusing the prayer of the plaintiffs for a declaration that they were the owners and the sale deed was null and void, it proceeded to grant them ..... section 55 of the transfer of property act enumerates the right and liabilities of the buyer and ..... been allotted to rudraiah under a lease-cum-sale agreement and there were still outstanding sums liable to be paid to the housing board and thereby the title was still with the housing board. ..... learned counsel for the appellant that the application for production of additional 56 evidence could not be considered prior to the .....
Tag this Judgment!Court : Karnataka
..... of a subsequent acquisition of rights over the transfer and with a view to keep him bound by his earlier contract with the transferee, section 43 has been ..... only exceptions to this personal appearance of the executant is in the case of registration of wills (section 41), deposit of wills (section 43), proceedings on the death of depositor of wills (section 45), power of inspector-general to superintend registration offices (section 69), order by registrar to register (section 75), direction of the court to register (section 77), registration of documents executed by government officers (section88) and copies of certain orders, which provided that, if owing to urgent necessity or unavoidable accident all such persons do not ..... the decision relied upon by the learned counsel in devikarani roerich would also be of no consequence since the said decision only states that the non- ..... accordingly, decreed the suit in part and while refusing the prayer of the plaintiffs for a declaration that they were the owners and the sale deed was null and void, it proceeded to grant them ..... section 55 of the transfer of property act enumerates the right and liabilities of the buyer and ..... been allotted to rudraiah under a lease-cum-sale agreement and there were still outstanding sums liable to be paid to the housing board and thereby the title was still with the housing board. ..... learned counsel for the appellant that the application for production of additional 56 evidence could not be considered prior to the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... provided that an unregistered document affecting immoveable property and required by this act or the transfer of property act, 1882, to be registered may be received as evidence of a contract in a suit for specific performance under chapter ii of the specific relief act, 1877, or as evidence of part performance of a contract for the purposes of section 53a of the transfer of property act, 1882, or as evidence of any collateral transaction not required to be affected by registered instrument. ..... devikarani roerich and another v. m/s. ..... for all or any encumbrances and liabilities of the past, if any to arise, the parties hereto shall be jointly liable. 28 iv. ..... because, according to plaintiff as per earlier memorandum of partition, prior to this ex.p.1 - deed, the property was divided and each sharers were in possession and enjoyment of their respective shares as a owners. ..... so, a transaction in which consideration for transfer of certain properties or shares is an exchange, the mode of transfer is the same as in the case of sale. ..... menda, reported in i.l.r.1996 kar136 considered the effect of admissibility of the document which is marked without objection as an exhibit it is held that, the duty and 63 responsibility of the court in examination of the admissibility of document is not absolved simply it is marked. .....
Tag this Judgment!