Court : Karnataka
..... to the income-tax: provided that any reference under the said provisions and the rules to the "assessee" shall be construed as a reference to the defendant under this act. " 29. the aforesaid provisions are under the special enactment which will prevail over the provisions of cpc. 30. in k. basavarajappa vs. tax recovery commissioner, bangalore ..... . this is how, new things were introduced during the pendency of lis before the drt and before the recovery officer. therefore, though section 52 of the tp act may not apply, but the principles of said section are certainly made applicable to the alleged transaction of attempted sale and the said transaction is hit by those ..... (fraus et jus nunquam cohabitant); or fraud and deceit ought to benefit none (fraus et dolus nemini patrocinari debent). 26. fraud may be defined as an act of deliberate deception with the design of securing some unfair or undeserved benefit by taking undue advantage of another. in fraud one gains at the loss of another. .....
Tag this Judgment!Court : Karnataka
..... to the income-tax: provided that any reference under the said provisions and the rules to the "assessee" shall be construed as a reference to the defendant under this act. " 29. the aforesaid provisions are under the special enactment which will prevail over the provisions of cpc. 30. in k. basavarajappa vs. tax recovery commissioner, bangalore ..... . this is how, new things were introduced during the pendency of lis before the drt and before the recovery officer. therefore, though section 52 of the tp act may not apply, but the principles of said section are certainly made applicable to the alleged transaction of attempted sale and the said transaction is hit by those ..... (fraus et jus nunquam cohabitant); or fraud and deceit ought to benefit none (fraus et dolus nemini patrocinari debent). 26. fraud may be defined as an act of deliberate deception with the design of securing some unfair or undeserved benefit by taking undue advantage of another. in fraud one gains at the loss of another. .....
Tag this Judgment!Court : Karnataka
..... there is no other provision or rule which lays down that the election petition shall be rejected on account of improper verification of pleadings, in the karnataka municipalities act-1964 or the relevant rules frames there under. 39 51. in the case of chandrakant uttam chodankar .v. dayanand rayumandrakar & others (2005 air scw19, the ..... that the petition is not maintainable as the verifying affidavit is not annexed to the petition. according to him, pleadings are incomplete. section 24 of the act speaks about the procedure to be followed by the election tribunal and the said provision is reproduced below:24. .procedure to be followed by the election tribunal ..... process cannot be by-passed conveniently on the score of corrupt practices by the rival, except in exceptional cases where section 101 of the representation of people act, 1951 stands fulfilled. to this effect, he has relied on the decision of a bench consisting of three hon ble judges reported in air1975sc349between vatal nagaraj .....
Tag this Judgment!Court : Karnataka
..... the suit property in favour of the first defendant- society. interpretation of the said document with reference to oral evidence was clearly opposed to section 92 of the evidence act. in that, when a document is in writing, no oral evidence is admissible for the purpose of contradicting, varying, adding or subtracting the terms of the same. ..... receipt of full sale 17 consideration and further acknowledging that the possession of the lands has been handed over to the first defendant. section 65 of the evidence act has been enacted in order to safeguard the interest of a person, who is unable to produce either the original or the secondary evidence of the types mentioned ..... which circumstance was not also disputed by the plaintiff- except that it was asserted that the same could have been secured. the trial court could very well have acted in its discretion under clause (c) of section 65 in permitting the said certified copies of the documents to be produced and marked. hence, there is no .....
Tag this Judgment!Court : Karnataka
..... on regular basis consequently the tribunal might have held that they were contract appointees and appeal was not maintainable under section 94(1) of the karnataka education act, 1983. that does not mean that the respondent herein is prevented from demonstrating that she is a regular employee. in fact the respondent herein has produced ..... petitioner that respondent was appointed on contract basis and the appeal before the eat is maintainable is not tenable.16. section 2(15) of the karnataka education act, 1983 deals with definition of employee, which reads as follows:- employee means a person employed in an educational institution. meaning of the employee is defined only ..... recording the joint memo of the petitioner and the respondent read with recalling order dated 31.07.2013.12. section 2 (15) of the karnataka education act, 1983 deals with the meaning of employee. employee means a person employed in an educational institution. the said definition is relevant for the purpose of deciding .....
Tag this Judgment!Court : Karnataka
..... the matter for criminal investigation by bangalore metropolitan task force and on account of such step having been taken by him he had become disqualified to act as an arbitrator for deciding the claims of the petitioners/contractors. in these circumstances petitioners contend that an independent sole arbitrator be appointed since the ..... order for criminal investigation being conducted against petitioners/contractors which is relating to the subject matter of agreement dated 15.03.2007, named arbitrator cannot act as an arbitrator and for these reasons, petitioners have contended that respondent has no jurisdiction to proceed to adjudicate the claims of 40 petitioners in ..... the petitioners relating to claims of the petitioners. hence, it is contended that this court while exercising power under section 11(6) of the act is empowered to appoint an independent arbitrator for adjudicating the disputes between the parties in place of named arbitrator when material on record discloses that named .....
Tag this Judgment!Court : Karnataka
..... settled law that the parties, by consent, cannot confer jurisdiction on a court. now the proceedings initiated is under section 15 of the contempt of courts act read with article 215 of the constitution of india. the said provision empowers a high court to initiate contempt proceedings. high court initiates contempt proceedings after ..... action against shri girish desai, senior advocate, representing the appellant besides his instructing counsel and the company secretary of the appellant under the contempt of courts act. on 12.2.96, this court declined to proceed against them for contempt of court. contempt of court jurisdiction is a special jurisdiction. it has ..... settled law that the parties, by consent, cannot confer jurisdiction on a court. now the proceedings initiated is under section 15 of the contempt of courts act read with article 215 of the constitution of india. the said provision empowers a high court to initiate contempt proceedings. high court initiates contempt proceedings after .....
Tag this Judgment!Court : Karnataka
..... of law and justice. the court is willing to ignore, by a majestic liberalism trifling and venial offences. the court will not be prompted to act as a result of an easy irritability. the judges should not be hypersensitive, even when distortions and criticisms overstep the limits. they should deflate vulgar denunciation ..... settled law that the parties, by consent, cannot confer jurisdiction on a court. now the proceedings initiated is under section 15 of the contempt of courts act read with article 215 of the constitution of india. the said provision empowers a high court to initiate contempt proceedings. high court initiates contempt proceedings after ..... dasa @ jayanarayana k., 42 years, s/o mr.k.c.d.nambisan, secretary of international society for krishna consciousness, a society reg. under karnataka society reg. act 1960, & claming to have its reg. office at hare krishna hill, chord road, rajajinagar, bengaluru city 10. sri madhu pandit das, president of international society for .....
Tag this Judgment!Court : Karnataka
..... possession the determination of the tenancy agreement and (ii) the heirs of such person, but does not include a mere intermediary or his heirs;" by the amending act, madras act 14 of 1956, cl. (ee) to sec.2 which purports to define the meaning of the expression "carry on personal cultivation". clause (ee) reads thus ..... is further held that application of doctrine of trust is not contemplated in the said provision and therefore, section 8 of andhra pradesh (telangana area) abolition of inams act, 1955 must thereby be considered having regard to the provisions contained therein. relying upon the decision reiterated in the case of sk.sharfuddin v. collector [(2003) ..... court in the case of state (delhi administration) .v. pali ram (air1979s.c. 14), while dealing with the provisions of section 73 of the evidence act is that prudence 25 demands that the court shall not take upon itself the responsibility of comparing the admitted signature or handwriting with the disputed handwriting or signature, .....
Tag this Judgment!Court : Karnataka Dharwad
..... are entitled?" additional issues: "1. whether the referred dispute is an industrial dispute within the meaning of section 2 (k) or section 2 (a) of the id.act? 2. whether the reference is maintainable in view of the closure of the respondent establishment w.e.f.15.02.1997? 3. whether there is any industrial dispute, ..... the petitioner/'employees before the closure; that the dispute raised by the petitioners comes within the definition of industrial dispute as defined under. section 2 (k) of the act; that having closed the industrial unit, the benefit of the vrs should have been extended to the petitioners and even that has not been extended to them. the ..... on a claim being set up by the union, a reference was made to the labour court under section 10 (1) (c) of the industrial disputes act, (for short 'the act'). the reference was as to 'whether the employees were justified in demanding their reinstatement who have been terminated by the management by illegally closing the industrial unit?' .....
Tag this Judgment!